Articles Posted in Discrimination and Unlawful Harassment

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The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of a disability. A qualified individual can perform the job’s essential functions with or without a reasonable accommodation. Often, an individual with a disability will approach a supervisor or HR, identify their limitations, and ask for help. It’s a modest burden.

Then, it’s the employer’s job to continue a good faith, interactive process to determine whether a reasonable accommodation exists to help the employee without creating undue hardship on the business. When done right, it’s a win-win. But, when the employer impedes the process, it often results in a lawsuit. Continue reading

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Last week, while many of you were in your offices with the doors closed, pretending to work before the holiday break, the Senate and House passed an omnibus spending package incorporating two separate pieces of legislation to protect pregnant workers and new moms. Continue reading

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Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. Continue reading

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When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels.

I also think of employer-friendly employment laws.

But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Continue reading

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Are you ready for the employment law changes that 2023 has in store for your company?

If you’ve been thinking about updating your employee handbook and onboarding documents but don’t know where to begin (or end), we’ve got you, fam.

Join me and my employment law partners, Christina Bost Seaton, Amy Epstein Gluck, and Sid Steinberg, on Friday, December 16, 2022, at Noon ET for The Employer Handbook Zoom Office Hour: “The ESSENTIAL Employment Law Updates for 2023.”

Continue reading

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During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably.

The Seventh Circuit concluded that a white man who was fired for effectively stealing from his employer was comparable to a black man with attendance issues. I told folks outside the Seventh Circuit to disregard this decision because I thought they got it wrong. But I never gave you any examples of cases upon which to rely instead. Well, let’s fix that today. Continue reading

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