Discrimination and Unlawful Harassment

The ADA does not force employers to provide indefinite leave

October 21, 2011 | by Eric B. Meyer

Back in June, I discussed here how the EEOC was discussing the use of leave from work as a reasonable accommodation under the ADA. The question I asked back then was how much leave is reasonable? When is enough, enough?

Well, I can tell you now — and I suppose I could have told you then — that indefinite leave is generally not an option for employees (unless the employer acquiesces). At least that’s what one federal court ruled last week. Details after the jump…

Can Homer Simpson sue Mr. Burns for disability bias, and win?

October 11, 2011 | by Eric B. Meyer

In yesterday’s post, we looked at whether a morbidly-obese employee is protected under the Americans with Disabilities Act.

Today, let’s apply yesterday’s discussion to a “real-world” example. Is Homer Simpson disabled? And is the Springfield Nuclear Power Plant legally obligated to offer him a reasonable accommodation? The answers after the jump…

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Is morbid obesity a disability under federal employment law?

October 10, 2011 | by Eric B. Meyer

Recently, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese.

Is that right? Can being overweight be considered a “disability” under federal law? And, if so, what can companies do to find themselves staring down the barrel of loaded ADA lawsuit? I’ll answer these questions after the jump.

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A little ambiguity creates a BIG retaliation headache for employers

October 7, 2011 | by Eric B. Meyer

Retaliation claims have become the leading cause of action for employees. In fiscal year 2010, retaliation charges filed with the EEOC nationwide accounted for 36.3% of all filings, at 36,258. There are three essential elements of a retaliation claim:

Employee Protected Activity – opposition to discrimination or participation in the statutory complaint process;

Employer Adverse Action – any adverse treatment (beyond a petty slight or a trivial annoyance) that is based on a retaliatory motive and is reasonably likely to deter protected activity; and

Causal Connection – between the protected activity and the adverse action.

What makes retaliation claims so common? Well, it’s not so much because they are are easy for employees to prove. In my opinion, it’s because retaliation claims are tough for employers to disprove prior to trial.

Case in point after the jump…

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Employee drug testing and bashful bladders; it’s a wicked pissah!

October 5, 2011 | by Eric B. Meyer

Your business drug tests job applicants as a condition of employment. What would happen if a male applicant refused to take a urine test because he claimed that he had paruresis, otherwise known as “shy bladder syndrome” or “bashful bladder syndrome”? Would you have to accommodate the applicant with a different type of drug test? Or could you just refuse to hire the applicant?

The EEOC recently addressed this topic and I have the answer — along with some self-deprecation — after the jump…

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Good grief! Hallmark launches line of unemployment cards

September 30, 2011 | by Eric B. Meyer

Mach·i·a·vel·li·an [mak-ee-uh–vel-ee-uhn] adjective

of, like, or befitting Machiavelli.

characterized by subtle or unscrupulous cunning. He resorted to Machiavellian tactics in order to get ahead.

Hot Dog! EEOC accuses eatery of same-sex sexual harassment

September 28, 2011 | by Eric B. Meyer

Frankly, Anthony Weiner ain’t got nothin’ on this Weiner.

The EEOC announced on Monday that it had sued Nu-Way Weiners, one of the oldest hot dog restaurants in the country, on behalf of two female employees. More after the jump…

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Say what?!? Not returning employee calls may be FMLA retaliation

September 27, 2011 | by Eric B. Meyer

An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee? Well, it may not be that easy, as you’ll find out after the jump…

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Fact or Fiction: Some U.S. discrimination laws extend worldwide

September 20, 2011 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”.

https://www.youtube.com/watch?v=WJzuqZEbFHQ

The answer to today’s question is fact.

This old mother****** may just have an age discrimination claim

September 13, 2011 | by Eric B. Meyer

You know what’s not a good business practice for a car dealership? Referring to an older male employee as “old man,” “pops,” and “old mother******” and then steering car sales away from him to younger employees. Age discrimination is serious business, yo.

Details on this gem after the jump…