In some cases, a plaintiff will argue as part of his Title VII discrimination action that his former employer didn’t fire him. But rather he was constructively discharged. That’s fancy speak for being forced to resign.
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Robert Rank-And-File, an employee of Pennsylvania-New Jersey-Delaware, Inc., claims that Sally Supervisor told him, “Sleep with me, or you’re fired!” Robert declines Sally’s advances only to have Sally fire him. If Robert decides to pursue an action under Title VII against Pennsylvania-New Jersey-Delaware, Inc., how can he prevail at trial?
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Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled.
I’ll show you after the jump.
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Can an employer terminate a disabled employee because accommodating the employee would create a significant risk of substantial harm to the employee or others in the workplace?
Ever been to a Gentlemen’s Club?
(Pause…)
(Wait for it…)
Me neither. But I hear that dancers tend to have a few physical characteristics in common. Or how about a Chinese restaurant? Ever notice that the employees are all…Chinese? Is that why my job applications always end up in the circular file?
Ladies and gentlemen. After the jump, may I present to you: the BFOQ.
The are two classes of plaintiffs who may assert claims under the Americans with Disabilities Act:
We know that a disability is an actual impairment that substantially
limits one or more major life activities. But “regarded as” disabled?
What’s up with that?!?
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Our old buddy Robert Rank-And-File from Pennsylvania-New Jersey-Delaware, Inc. is having problems at work again. This time, however, the culprit is not Sally Supervisor. It’s Lisa Leadperson.
What is your company’s potential exposure here? Find out after the jump.
Did you know that in Pennsylvania, New Jersey and Delaware, under Title VII, an employer that fails to renew an employment contract or “at will” employment arrangement violates Title VII if the reasons for the employment action violate Title VII (e.g., are on the basis of a protected class)? It’s true.
Wilkerson v. New Media Tech. Charter School, Inc., 522 F.3d 315, 320 (3d Cir. 2008).
As some of you know, I serve as a pro bono mediator for the United States Equal Employment Opportunity Commission. Even though I’ve only been at it for about year, I’m starting to see the same faces. Most of the attorneys know the EEOC-enforced discrimination laws like the back of their hand — some even put me to shame. Others, not so much.
So, allow me to break those down for you after the jump.
It’s Monday morning. Johnny Lifts-A-Lot, an employee of Pennsylvania-New Jersey-Delaware, Inc. tells his manager that he’s going in for minor back surgery in a week and will have trouble lifting heavy objects for the foreseeable future thereafter. What are Pennsylvania-New Jersey-Delaware, Inc.’s obligations under the Americans with Disabilities Act?
Find out after the jump.
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