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. Continue reading
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). Continue reading
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. Continue reading
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 of retaliatory harassment to a jury. Continue reading
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. Continue reading
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 lack of good faith. And lack of good faith spells doom for a failure-to-accommodate claim under the Americans with Disabilities Act. Continue reading
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 can feel the same way when their boss or coworkers mistreat them. But, like in school, not every mean thing a teacher or classmate does is against the rules. Sometimes, it must be really bad for the grown-ups to get help from the law. Continue reading
How many of you struggle to enforce attendance rules for employees with a disability or serious health condition on a modified work schedule?
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 explore why his arguments flatlined.
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 resources professionals about the stringent requirements for establishing a prima facie case of age discrimination under the McDonnell Douglas framework. And yes, it also serves as a reminder that sometimes, the law can be as unforgiving as a Monday morning without coffee. Continue reading
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