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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

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

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

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

Vegan Employee May Proceed with Religious Discrimination Claim

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

1/17/2013 - Chenzira Discrimination EEOC Federal Rule 12(b)(6) Hiring & Firing Motion to Dismiss Reasonable Accommodation Religious Discrimination Termination Title VII Vaccinations Veganism

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

1/3/2013 - Burden of Proof Evidence FMLA Genuine Issue of Material Fact Hiring & Firing Medical Leave Retaliation Summary Judgment Termination

Temporal Proximity Between FMLA Leave and Firing Does Not Always Lead to Successful Legal Claim

The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more

12/11/2012 - FMLA Hiring & Firing Performance Reviews Retaliation ScriptPro Termination

Termination for Facebook Posting Does Not Violate State Invasion of Privacy Law

Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more

11/27/2012 - Facebook Hiring & Firing Invasion of Privacy NLRA Protected Concerted Activity Termination

Employee’s Signs of Severe Emotional Distress and Anxiety May Constitute a “Report” of the Need for FMLA Leave

To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more

11/20/2012 - Appeals FMLA Hiring & Firing Interference Claims Mental Health Summary Judgment Termination

NLRB Is Finding Ways To Implement Its Employee Rights Notice Posting, In Spite Of Legal Challenges

On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a...more

10/1/2012 - Facebook Hiring & Firing NLRB Protected Concerted Activity Section 7 Social Media Termination

An Indefinite Exemption From The Essential Functions Of A Job Is Not A Reasonable Accommodation Under The ADA

An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more

8/27/2012 - ADA Disability Discrimination Essential Functions Hiring & Firing Reasonable Accommodation Termination

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave

The FMLA permits eligible employees to take up to 12 workweeks of leave during a 12-month period if a “serious health condition . . . makes the employee unable to perform the functions of [his or her] position.” Employers are...more

8/6/2012 - FMLA FMLA Abuse Hiring & Firing

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