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Image Credit: “Whisper” by Jamin Gray on Flickr (https://www.flickr.com/photos/jamingray/1056525232) //embedr.flickr.com/assets/client-code.js

Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act?

The quick answer is: the employer decides when.

But, let’s do a deeper dive. Continue reading

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Image Credit: Pexels.com (https://www.pexels.com/photo/black-calendar-close-up-composition-273011/)

Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period.

So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day? Firing that employee wouldn’t violate the FMLA would it?

Or, could it? Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/blueprint-ruler-architecture-964629/)

I started the week presenting to HR audiences in DC and NJ about accommodations under the Americans with Disabilities Act. Today, I want to pivot into religious accommodations by highlighting a recent federal court decision, which can teach employers a thing or two about how to engage in a good-faith interactive dialogue. Continue reading

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By rp72 (Opening o2 Arena London Bon Jovi) [CC BY 2.0], via Wikimedia Commons

“In a packed room at the 2018 SHRM Employment Law and Legislative Conference in Washington D.C., Eric Meyer of FisherBroyles, LLP provided practical guidance for HR Professionals so that they can handle an ADA accommodation situation at their organization.” Continue reading

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Photo by Kristina Flour on Unsplash

Some states, like the Commonwealth of Pennsylvania for example, have responded to the #MeToo movement by drafting legislation that would ban confidentiality provisions in private sexual harassment settlements.

The State of New Jersey has taken it one step further.
Continue reading

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Photo by rawpixel.com on Unsplash

Remember that blog post I had last Spring. I’m talking about the one about an employment agency that allegedly emailed a job applicant the following cringe-worthy, what we’re really saying here is “sue me” rejection email:

“Thanks for your reply. I check the details of [sic] you. And you [sic] born in 1945. So I discussed with the client side. Age will matter. So that’s why I can’t [sic] be able to submit your profile to client side.”

Well, that company just settled with the U.S. Equal Employment Opportunity Commission for $50,000 and lots of equitable relief. Continue reading

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Now, it’s up to the voters.

Yesterday, on International Women’s Day, Philadelphia City Council passed a bill that will require the City to provide sexual-harassment training to all of its employees and officers.

In May, when City residents go to the polls, they will decide whether to amend the Home Rule Charter to require this annual training. Continue reading

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