Law360 reported this morning that Peggy Young and United Parcel Service have settled their pregnancy discrimination/accommodation case that went to the Supreme Court, resulting in this decision from last March. The Supreme...more
The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony?
That is obviously a biased question, but some employers will do almost anything to avoid...more
Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay...more
After the initial NYT story ran, saying the workplace at Amazon is cutthroat — still uses “forced rankings” and even encourages employees to secretly bad-mouth each other to their bosses, has employees who break down in tears...more
When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more
It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more
Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The...more
In a nutshell, the Supreme Court decision in EEOC v. Abercrombie means this: if an employment decision is motivated by religion – even if the employer does not actually know the religious need of the individual – then the...more
In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more
What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service?...more
A divided U.S. Supreme Court decided last week that employers covered by the Pregnancy Discrimination Act (part of Title VII) may be required to make reasonable accommodations for work restrictions caused by pregnancy and...more
Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five...more
This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you — as a matter of financial survival,...more
Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more
Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more
I plan to write more about this later in the week, but today the EEOC issued an Enforcement Guidance, Q&A, and Fact Sheet on pregnancy discrimination and accommodation. Much of the Guidance reiterated the law as we had always...more
What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more
Is this new UPS pregnancy discrimination decision really such great news for employers?
HINT: Check the dates!!!
The U.S. Court of Appeals for the Fourth Circuit* held this week that there is no "reasonable...more
A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more