Latest Publications

Share:

Employee Needs More Than Speculation to Support his Retaliation Claim

To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In...more

4/18/2014 - ADA Adverse Employment Action Anti-Discrimination Policies Best Management Practices Documentation Employer Liability Issues NOAA Protected Activity Retaliation U.S. Commerce Department

Depressed Employee’s Vacation Leave Request Did Not Qualify For FMLA Protection

The vacation request of an employee suffering from depression and anxiety did not qualify as a leave request under the Family and Medical Leave Act (FMLA), according to a recent decision of the Eleventh Circuit Court of...more

4/10/2014 - FMLA Vacation Leave

When Titans Clash: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures

Health care employers face myriad challenges in complying with numerous laws—with physician hospital staff privileges and whistleblower issues not least among them. On the privileges side, a well-developed body of law...more

3/11/2014 - Employer Liability Issues Healthcare Hospitals Preemption Whistleblower Protection Policies Whistleblowers

Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more

3/3/2014 - ADA Disability Disability Discrimination EEOC Employer Liability Issues

Prohibiting “Message” Clothing Without Business Reason Violates the NLRA

The National Labor Relations Board (NLRB) recently deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive and a violation of the...more

2/11/2014 - First Amendment Free Speech NLRA Workplace Attire

Light Duty Policy Limited to Work-Related Injuries Could Support Claim for Pregnancy Discrimination

In an unpublished opinion, the Sixth Circuit Court of Appeals recently sided with an employee in a pregnancy discrimination case. In Latowski v. Northwoods Nursing Center, No. 12-2408 (December 23, 2013), the court reversing...more

1/15/2014 - Pregnancy Pregnancy Discrimination Sex Discrimination Workplace Injury

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more

12/4/2013 - ADA Civil Rights Act EEOC Hiring & Firing Job Applicants Title VII

Employer Faces ADA/FMLA Conundrum And Wins Summary Judgment

In an unpublished opinion issued on October 8, 2013, Owens v. Calhoun County School District, No. 12-60897, the Fifth Circuit Court of Appeals recently upheld a district court’s grant of summary judgment in favor of an...more

11/4/2013

Pennsylvania Court Jump Starts Unemployment Claim

On August 29, 2013, the Commonwealth Court of Pennsylvania—an intermediate appellate court—affirmed an Unemployment Compensation Board of Review (UCBR) decision that an employee was entitled to unemployment compensation (UC)...more

9/30/2013 - Unemployment Unemployment Benefits

What Do an Application Process and a Suit Claiming Discrimination Have in Common?

The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not...more

8/21/2013 - Discrimination Hiring & Firing Job Applicants Racial Discrimination Summary Judgment

Firing of Employee After His Angry Outburst During Mediation Did Not Constitute Retaliation

While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more

8/12/2013 - Anti-Retaliation Provisions Civil Rights Act Discrimination EEOC Hiring & Firing Mediation Retaliation Title VII

Disabled Employee Unable to Perform Essential Functions of Job Despite Accommodation

In an unpublished opinion, the Sixth Circuit Court of Appeals recently held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work...more

7/11/2013 - ADA Disability Disability Benefits Documentation Part-Time Employees Reasonable Accommodation

Job Description Not Detailed Enough to Prove Night Shift Is Essential Function of Job

A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more

7/9/2013 - ADA Disability Employee Rights Failure to Accommodate Health Claims Job Descriptions

Inconsistent Reasons for Termination Allow Pregnant Employee’s Discrimination Case to Proceed to Jury

The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more

6/27/2013 - Discrimination Hiring & Firing Just Cause Pregnancy Discrimination Termination Title VII

Operating Room Nurse Prohibited From Working After a Drug Rehab Stint Cannot Support ADA Failure to Hire Claim

In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more

6/12/2013 - ADA Disability Discrimination Discrimination Drug & Alcohol Abuse Healthcare Professionals Hiring & Firing

Expression of “Personal Contempt” in Facebook Message Was Not Protected Concerted Activity

By now, employers are aware of a number of “Facebook firing” cases in which individuals who were fired for posting content on Facebook have been reinstated after the National Labor Relations Board (NLRB) found the postings to...more

6/4/2013

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

5/17/2013 - Discrimination EEOC Gender Discrimination Sexual Stereotyping Title VII

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more

5/7/2013 - Employer Liability Issues Harassment Hostile Environment Light-Duty Positions Title VII Workplace Violence

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

4/29/2013 - ADA ADAAA Disability Disability Discrimination Discrimination Termination

Employer’s Judgment About What Constitutes an Essential Job Function Carries Substantial Weight

Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...more

4/23/2013 - ADA Essential Functions Hiring & Firing Termination

Dishonest Response on an Initial Application Can Come Back to Haunt an Employee

In a non-precedential opinion, the Third Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that...more

4/10/2013 - Discrimination Drug & Alcohol Abuse Failure to Report Hiring & Firing Job Applicants

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

3/26/2013 - Facebook FMLA Hiring & Firing Medical Leave NLRA NLRB Protected Concerted Activity Social Media Termination

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

3/12/2013 - ADA Disability Discrimination Discrimination Essential Functions FMLA Light-Duty Positions Reasonable Accommodation

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

1/31/2013 - ADA Disability Dismissals Essential Functions Light-Duty Positions Reasonable Accommodation

Employer’s Reliance on Third Party Assessment to Determine Reasonable Accommodation May Lead to ADA Liability

The Sixth Circuit Court of Appeals recently addressed an issue of first impression, holding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, No. 11-2276...more

1/24/2013 - ADA Disability Discrimination Keith v County of Oakland Lifeguards Reasonable Accommodation Third-Party

45 Results
|
View per page
Page: of 2