A recent federal appellate court decision is an important reminder to confirm early—not later—whether the employee suing your business signed an arbitration agreement. Continue reading
Imagine being an employer-defendant and reading that sentence as the lede in a court’s summary judgment opinion.
Ouch! Continue reading
In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. Continue reading
“Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and losing a job.” Continue reading
Right or wrong, an honest belief may be all it takes to proffer a nondiscriminatory reason for an adverse employment action. Continue reading
Recently, I read a recent federal appellate court decision involving an employee with a rare form of Tourette Syndrome that caused him to use obscenities and racial slurs. While that could be dicey around coworkers, this employee’s job required excellent customer service skills while making deliveries and interacting with said customers.
And that’s when things got complicated.
Also, it is a bad idea to give that same employee a “retire-or-be-fired” ultimatum shortly after they return from bypass heart surgery. Continue reading
Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive.
But, in 2024, most states have recognized the medical benefits of cannabis and have legalized it for medical use by their residents. Will this translate into viable ADA discrimination claims?
Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee Relations Department that caught the attention of the EEOC for its alleged poor handling of an employee’s complaints of sexual harassment.
But I appreciate a good comeback story, don’t you? And I’ve got one for you today. Continue reading
This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Continue reading
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