Can an employer have a categorical policy of hiring the most qualified candidate when a qualified disabled employee requests reassignment to a vacant role, even if he or she is not the most qualified applicant? The U.S. Equal Employment Opportunity Commission says no.
But the EEOC doesn’t wear the black robe and bang the gavel. Continue reading
I didn’t even have to go to law school to figure that out. Unfortunately for a plaintiff and her lawyer, they learned this lesson the hard way.
Twice.
If you haven’t done FMLA training for your supervisors, hopefully, this post will motivate you to get some on the calendar. Continue reading
Those were the critical issues in a precedential decision that the Third Circuit Court of Appeals issued yesterday. So let’s talk about it. Continue reading
The plaintiff in this action has worked as a human resource specialist. She claimed that, beginning in 2019, her male supervisor made unwelcome sexual comments to her, and, when she reported those comments to his direct supervisor, they were ignored. So the plaintiff says she filed an Equal Employment Opportunity (“EEO”) complaint. According to the plaintiff, nearly two years later, she faced a proposed letter of reprimand.
A proposed what now? Continue reading
In recent years, many states have passed equal pay laws.
At the federal level, well… Continue reading
You practice long enough as an employment lawyer, and you accrue stories upon stories to share with others. But, this one I’m about to tell you tops most. Continue reading
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Benoît Prieur, CC0, via Wikimedia Commons
Fair Labor Standards Act lawsuits aren’t exactly fodder for Silver Screen blockbusters.
Continue reading
The plaintiff in the case I read last night worked in Hawaii as a customer service representative. She was a clinically obese woman with a long history of diabetes and hypertension, resulting in physical limitations related to neuropathy in her hands and feet. However, her job involved sitting at a desk, taking calls, and answering emails. So she had no trouble performing it for the first seven years of employment.
But, since I’m writing today about an Americans with Disabilities Act lawsuit, things did eventually go south, as you may have expected. Continue reading
On Monday, the Federal Trade Commission delayed any potential implementation of its proposal to ban employers from imposing noncompetes on their workers by extending the public comment period. With the extension, the FTC will now accept comments on the proposed rule until April 19. The deadline was March 20.
The Employer Handbook Blog