Discord lies ahead in the coming weeks as 100 Senators will indeed wage a fierce battle to address the new Supreme Court opening that the passing of Associate Justice Ruth Bader Ginsburg on Friday created. Yet, there was still harmonic support from lawmakers on both sides of the aisle for this champion of equal rights. Continue reading
As a best practice, and in advance of having some or all employees return to the workplace, are there ways for an employer to invite employees to request flexibility in work arrangements?
That’s the first of six coronavirus-related questions that the EEOC answered yesterday as part of its oft-updated “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” Continue reading
It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at work, or her arrests for drunk driving and drug possession.
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. But, the plaintiff who referred to herself at work as “crazy” and “psycho” decided to appeal to the Tenth Circuit Court of Appeals.
And how do you think that went for the plaintiff? Continue reading
Last week, I wavered about whether to include a line from Tommy Boy in a brief that I was drafting:
“I tell ya what. If you don’t know how to fasten your seatbelt, just raise your hand and I’ll have Tommy Boy here come back there and hit you in the head with a tack hammer.”
Ultimately, I decided that it was bad form. One could reasonably construe my use of that quote as antagonizing and bit snarky. Moi?!?
So, I’m using it for this blog post instead. Continue reading
Yesterday’s post was all about the breadth of the Pregnancy Discrimination Act (PDA). We addressed a situation in which a plaintiff alleged that her employer fired her for seeking an abortion. The court concluded that, if true, the employer’s actions would have violated the PDA.
(The employer ultimately prevailed on the PDA claim because it had a non-discriminatory reason for firing the plaintiff.)
Today, let’s shift focus to accommodations under the PDA. Continue reading
A Louisiana woman claimed that, back in September 2017, she told her employer that she had become pregnant and that she was planning on having an abortion. The woman then alleged that, during her time off from work, the company violated the Pregnancy Discrimination Act (PDA) by firing her.
Let’s assume that the company did fire her for getting an abortion. Does that violate the PDA? Continue reading