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…
The United States Court of Appeals for the Second Circuit recently dissected a bariatric surgeon’s discrimination claims. The surgeon alleged that his former employer discriminated against him based on his race and color when it favored another surgeon who allegedly harassed the plaintiff. However, the plaintiff misdiagnosed the situation. Let’s…
In a recent precedential decision, the Third Circuit Court of Appeals addressed a critical issue for employers: whether they must compensate employees for the actual time spent on work-related activities, even if they are lollygagging. Or can an employer comply with the Fair Labor Standards Act (FLSA) by paying employees…
In a recent decision, the United States District Court for the Southern District of New York granted summary judgment in favor of the defendant, dismissing the plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This case serves as a critical reminder for employment lawyers and human…
Human resources professionals often encounter bizarre and unexpected situations, especially around the holidays. However, few can top the case where an employee’s choice of attire—or lack thereof—led to a significant legal battle over retaliatory discharge. This recent federal court decision serves as a humorous yet critical reminder of the importance of…
On Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit alleging discrimination based on disability and sex during the hiring process. The case centers around an individual who suffers from endometriosis, a condition that causes severe menstrual cramps, nausea, and headaches, potentially…
‘Twas two nights before Christmas, in the Second Circuit’s hall, A case was decided, with judges standing tall. A plaintiff determined, with claims in her hand, Against her former employer, she took a firm stand. Her journey began with a trial so grand, Where a jury awarded her a hefty…