Articles Posted in Hiring & Firing

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I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.

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Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.

Except when all you plead are “vague and conclusory” allegations.

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The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.

It’s called associational discrimination.

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Eric, we have an employee who needed four weeks off for hip surgery. We provided it. After the surgery, they requested three more months off to have a second surgery. We provided it. Then, they experienced even more complications that required even more surgery, and their doctor told us they couldn’t work with or without accommodations for an additional three to six months. Do we have to accommodate this too?Continue reading

“Doing What’s Right – Not Just What’s Legal”
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