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.
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.
A university professor did not have her employment contract renewed after two years on the job.
Why not? Continue reading
Well, I don’t know if it’s the worst, but getting sentenced to 24 months in prison for a network intrusion and making false statements to a government agency sounds pretty bad. Continue reading
I’ve been practicing law for over 20 years, and I must concede that I did not know this.
Here’s how it works. Continue reading
Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with disabilities have the same rights and opportunities at work as everyone else.
Both laws require employers to provide individuals with disabilities with reasonable accommodations if needed to perform the essential functions of their jobs. However, when a failure-to-accommodate claim gets litigated, the onus is on the employee to establish that they could perform their jobs, even with reasonable accommodations.
On Monday, three House Republicans and three House Democrats reintroduced the Protecting Older Workers Against Discrimination Act (POWADA), billed as a bipartisan proposal to strengthen anti-discrimination protections for older workers.
If it walks like a duck, quacks like a duck, and swims like a duck, it’s probably a duck.
Hold that thought while I tell you about someone who probably wouldn’t believe me. Continue reading
One of the largest jury verdicts in recent memory for a claim of employment discrimination was a $25.6 million award to a white manager who alleged that her former employer fired her because of her race.
But these wins involving discrimination against the so-called “majority” are few and far between.
Just getting the case to trial is difficult. Continue reading
In June, the New York Senate approved this bill prohibiting noncompetition agreements and certain restrictive covenants. I wrote that the days of noncompetition agreements in New York “are as limited as the Knicks’ chances of winning another NBA title.”
Oops. Continue reading
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