Yeah, no.
When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements:
Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, “Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV is a disability under the Americans with Disabilities Act. Indeed, the Americans with Disabilities Act regulations notes that it should be “easily concluded” that HIV substantially limits one or more major life activities. Further, the Department of Justice, Civil Rights Division recognizes that HIV is an ADA disability.
Well, tell all that to a Florida federal court.
Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of reasonable accommodations.
Then the general counsel on the panel — he was from a Fortune 500 company — did one of these, and offered this pro tip that I’ll never forget. Continue reading
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Last week, the Third Circuit Court of Appeals daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination.
I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah…
Oh, hi there. Uh, this? It’s not a comic book. It’s a GRAPHIC NOVEL, folks! And, yes, I need to highlight my favorite passages in this library book. It’s how Sartre did it.
Quit judging me, would ya? Nothing more to see here. Read on.
Who would have guessed that, in a state without a state administrative agency to accept discrimination charges, where only age discrimination is against state law, a federal judge would rule that sexual orientation is considered sex discrimination and, therefore, a violation of Title VII.
https://www.flickr.com/photos/28385889@N07/4065494694
That’s why I stick with Finding Nemo at work. I also find myself eating lunch alone and getting plenty of odd looks from the staff. Well, that and my mohawk.
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