Let’s pretend that you operate a sanitation company. One of your employees — let’s call him ‘Oscar’ — tells you that he would like to take a multi-week sabbatical to learn more about his job and spend some time living in a trash can. Continue reading
Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation.
Specifically, do you have to excuse prior performance issues that may have been disability-related? The answer was no.
I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).
The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.
Almost. Continue reading
I want to give a little shoutout to the U.S. Equal Employment Opportunity Commission, with whom I am spending the day today in Atlanta at the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference.
So, today’s post is chock full of recent EEOC news and notes. Continue reading