“Smithers, refill my lime rickey. And find me a dunce cap. Post haste.”
The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are the essential functions of the job?
My readers are the best!
On Friday, I received two emails within 15 minutes of one another, encouraging me to blog about this story. Kenneth Hilario at the Philadelphia Business Journal writes about an employee of an NJ company who is suing her employer. What makes this story special? The company allegedly fired the spouse’s husband, the company’s controller, because of his “extreme gas and uncontrollable diarrhea.”
Butt slaps are rarely appropriate. Not in the courtroom. Not in the workplace. Even Buttslaps, LLC in Butte, Montana frowns on butt slaps at work.
(I totally made that last part up. Don’t Google it).
Where am I going with this? Hell When an employee sues for sexual harassment, he or she must prove several elements. One of those elements is that the employee was offended by sexual conduct directed at them.
An employee who was allegedly fired for violating a company’s social media policy is going to have his day in court. And on this blog.
You’re right, Commissioner Feldblum. Social media is awesome!
Last Friday, I posted here about a recent federal-court decision addressing the sex discrimination claims of a transgender employee. What drew my attention to the case was this Facebook status update from EEOC Commissioner Chai Feldblum, in which she touted the court’s decision as further support for the EEOC’s position that transgender discrimination is sex discrimination under Title VII. In my Friday post, I concluded that, while the court did allow the plaintiff’s sex discrimination claims to proceed to trial, it wasn’t because of her transgender status. Rather, the court reasoned that the employer may have engaged in unlawful sex stereotyping. Sex stereotyping definitely violates Title VII.
Back in April, the EEOC concluded that transgender discrimination is discrimination based on sex and, therefore, violates Title VII. That same month, a federal court denied another employer’s motion to dismiss the sex discrimination claims of a transgender employee. However, in denying the motion to dismiss, the court did not conclude that transgender discrimination is sex discrimination. Rather, it reaffirmed that Title VII prohibits sex stereotyping; i.e., when an employer takes action because an employee does not conform to the employer’s sex- or gender-based preferences, expectations, or stereotypes.
The Americans with Disabilities Act requires an employer to accommodate an employee with a disability, if doing so will enable that individual to perform the essential functions of the job. The exception is if the accommodation would create undue hardship for the employer.
But when is that duty to accommodate triggered?
According to a New Jersey appellate court, Borgata Hotel Casino & Spa can do it.
And when the employer practically admits as much at a deposition = hella-stupid retaliation
The Employer Handbook Blog