This week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave under the Family and Medical Leave Act (FMLA) when employees take leave under state-paid family leave programs. I’ll break it down for you. Substitution of Paid Leave Generally. The FMLA allows employees…
The original uploader was Betp at French Wikipedia. – modifications by User:Maps and stuff: perspective correction to straighten foreground goalpost; cropped part of sky to match aspect ratio of side-by-side image in the Philadelphia article’s montage-style infobox; removed large ad at far side of field by cloning., CC BY-SA 3.0,…
Recently, a federal magistrate judge found sufficient evidence to support the ‘cat’s paw’ theory, a concept that should be on every HR professional’s radar. What is the Cat’s Paw Theory? The ‘cat’s paw’ theory holds an employer liable for the discriminatory actions of a non-decision-making employee if those actions influence…
In a recent decision, a federal appellate court made a strong case for employers to prioritize accommodating employees over questioning whether they qualify as disabled under the Americans with Disabilities Act (ADA). This case involved a physical therapist who experienced a miscarriage, which exacerbated her pre-existing PTSD, anxiety, and depression.…
A recent federal appellate court decision highlights some of the complexities of employment discrimination claims. It is a stark reminder for companies that even well-intentioned reorganizations can lead to legal challenges if not handled transparently and consistently. The Backstory The plaintiff was terminated from her role as Associate Director during a…
Last night, I read an Eleventh Circuit Court of Appeals decision in which the court tackled the tricky terrain of retaliatory harassment and termination claims under Title VII. The former is not something I encounter too often, and there was enough “there there” in this case to send the claim…
In a recent decision from the United States Court of Appeals for the Seventh Circuit involving a claim of sex discrimination in hiring, the court offered some lessons for employers that may “use their gut” to decide between two qualified candidates. The plaintiff, a Black woman, had a long career…
The complexities of the interactive process in disability accommodation requests can trip up even the most experienced HR professionals, especially because no two situations are alike. However, there is an immutable rule: an employee’s voluntary withdrawal from the interactive process and failure to provide the requested medical documentation show a…
Imagine you’re at school, and there’s a teacher who always picks on you, blames you for things you didn’t do, and makes you feel terrible in front of your classmates. You might think, “This is so unfair! I want to tell someone and make it stop!” Well, grown-ups at work…
How many of you struggle to enforce attendance rules for employees with a disability or serious health condition on a modified work schedule? I’ve got some tips from a recent appellate court decision involving a Transportation Security Officer (TSO) with fibromyalgia. Initially, her supervisor allowed her to work a modified…