The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are…
A maintenance mechanic in Illinois received 28 disciplinary-action forms from his supervisor. Ultimately, he was offered two choices: (1) accept a demotion to a non-mechanic position and take a significant pay cut; or (2) keep the position, fight the discipline, but face potential termination. On the advice of his union…
Remember my post from Monday? The one where I told you that two federal courts were at loggerheads over whether the NLRB could force private employers to post this notice in the workplace. Well, about that. Eyes on me. Two other men in black (and one woman in…
Smells like patchouli. Or is that teen spirit? Hey, it’s been a long day. Can an employer insist on regular attendance without violating the ADA? Maybe. says Robin Shea at the Employment and Labor Insider. And forget about indefinite leave as a reasonable accommodation under the New Jersey Law Against Discrimination…
I’ve beaten it to death on this blog. The National Labor Relations Board created a rule that will require most private-sector employers to post this notice, in a conspicuous location, informing employees of their rights under the National Labor Relations Act, which includes the right to form a union. Here’s…
Remember back in July 2011 when I told you that a miniature horse might be reasonable accommodation under the Americans with Disabilities Act? Giddy-up! I whinny! Ok, I’ll quit horsing around. (I mare or may not be referring to a printed-out list of horse puns as I type this…) More…
Last week, Jon Hyman at the Ohio Employer Law Blog was on point with this good post discussing a recent National Labor Relations Board Administrative Law Judge decision. The case involved what the NLRB General Counsel believed was an overly-broad social media policy in two regards: It banned employees from…
It was either the Mr. Rogers approach or the Seinfeld approach. In the end, I chose Jerry to add some levity to what is otherwise going to be a very boring blog post. You’ve been warned. According this report released last month from the U.S. Equal Employment Opportunity Commission, the…
It’s Maryland. (Now if only they would do something about this). Details after the jump… * * * Earlier last month, I mentioned here that Maryland was one of three states — CA and IL were the others — considering legislation to ban employers from request social media passwords from employees and…
A severance agreement helps to allow businesses to ensure that former employees don’t sue. The concept is fairly simple: in exchange for $X, the former employee agrees to release the company from every claim under the sun from the beginning of time through the date the former employee signs the…