How broad is the Americans with Disabilities Act‘s definition of “disability”? It’s so broad, concluded the Eleventh Circuit Court of Appeals in this recent decision, that an employee can show that he is disabled based on his say-so. The plaintiff was the Chief Electrical Inspector of a municipality. In October 2014,…
Today, we will have a lesson on the differences between “direct” and “circumstantial” evidence of discrimination. Plaintiffs may prove discrimination through direct evidence, circumstantial evidence, or both. Circumstantial evidence allows the factfinder to infer discrimination. For example, a company fires a black employee for sleeping on the job but doesn’t…
It takes a lot to establish what the law considers a hostile work environment. A former warehouse manager learned this lesson the hard way when a federal judge dismissed her complaint with prejudice before she even got the chance to take any discovery. Here are the facts of the case…
It depends. Suppose the company is firing the employee for poor performance, which has nothing to do with the underlying lawsuit that someone else filed. In that case, the termination would not violate the Fair Labor Standard Act’s antiretaliation provision, which makes it unlawful to retaliate against an employee for…
American support for labor unions is at its highest level in over 50 years, and most non-union workers would consider joining a union. With the increased popularity of organized labor and the National Labor Relations Board making it easier for unions to organize and employees to show union support, are…
Here’s a situation that may arise from time to time. Perhaps, you’ve dealt with it too. One employee complains to the company about a co-worker’s alleged unwanted sexual contact in the workplace. So, what does the company do? Title VII Of the Civil Rights Act of 1964 (and any number…
Remember when we used to hang out on Friday afternoons on Zoom and talk about employment law? It wasn’t as dorky as it sounds. We called it The Employer Handbook Zoom Happy Hour. I usually had a few guests presenting with me. But there were no PowerPoints. Actually, it was…
That’s the vibe I got from reading this recent Fifth Circuit decision affirming the lower court’s dismissal of age discrimination claims. The plaintiff was one of five Zone Human Resources Directors (ZHRDs) for the defendant. Each ZHRD had its own zone. In 2018, the defendant decided that each ZHRD would…
Last night, just as I finished revising my Expert Analysis submission on workplace drug testing to Law360, another new Law360 article on cannabis use caught my eye. Whether by industry regulation or perhaps in an employee handbook, rules of ethics govern many workplaces. Rules of Professional Conduct govern the practice…
I can’t tell you how to get toothpaste back in the tube. However, I can offer two ways to avoid losing a discrimination lawsuit when a biased supervisor recommends terminating a direct report. Before I share these tiny pearls of wisdom, I want to remind you to register (here) for the…