It may not mean that much. What are the risks of becoming Facebook “friends” with a co-worker? The well-worn employer-lawyer mantra from way back when has been, “Supervisors should not ‘friend’ their subordinates on Facebook.” For a while, I sipped that Kool Aid too. Imagine two of the risks that could…
Yeah, no. When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements: For example, in a failure-to-promote case, at a minimum, the plaintiff must establish four things: (s)he belongs to…
Last week, the ABA Journal announced its 9th Annual Blawg 100. The Blawg 100 is a collection of, yep, you guessed it, 100 folks with no fulfilling lives who rule the legal blogosphere. Or, at least according to the ABA Journal, and probably my children. In any event, and in all seriousness,…
Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, “Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV is…
That’s the opening line from the Director’s Cut of the advance screening that JJ Abrams sent me. Trueish story. Actually, the lede comes from a recent Pennsylvania federal court decision. Here are the facts: Mondelez Global LLC (“Mondelez” or “Defendant”) fired Fredrick Capps (“Capps” or “Plaintiff”) believing that he misused leave…
How was your Thanksgiving? Survive Black Friday? (In case you’re wondering about a gift for me, no. Yes. Heck, yes (asking for a friend)). Me? I almost left my kids on the North Pole as I counted the minutes until Monday. But, overall, I enjoyed a few days off. Now, it’s back to work. *** Sips…
Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of…
Last week, the Third Circuit Court of Appeals daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination. In a word, yes. Well, actually, ***…
On Wednesday, the Pennsylvania Supreme Court made a lot of — some would say, creative — lawyers unhappy. In a 4-1 decision, the Court held Wednesday that the language “intending to be legally bound” found in Pennsylvania’s Uniform Written Obligations Act will not save an otherwise unenforceable non-competition agreement. You can…
I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah… Ok, not exactly. According to the Fifth Circuit Court of Appeals in Porter v. Houma Terrebonne Housing Authority (opinion here), it went more like this: Tyrikia Porter worked for the Houma Terrebonne Housing…