As More States Implement Social Media Password Laws, There’s Still Some Blind Spots
Can You Be Fired for a Tattoo?
How GCs Use Social Media to Hire Law Firms
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
How to Handle Illegal Interview Questions
Weekly Brief: Patent Jury Awards, Law Firm Hiring, Scalia's Hat
The Corporate Law Report: First-to-File Patents, Hiring for Cultural Fit, Roth Conversions Post-Fiscal Cliff, and Global Corporate Insights
Firing of Dental Assistant for Being “Irresistible” Ruled Legal by Iowa Supreme Court
Is Veganism a Religion? It May Well Be for Employers and Their Employees
Employer’s Takeover of Former CEO’s LinkedIn Account Lawful Under CFAA
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
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued new guidance in an effort to help employers work with employees with cancer, diabetes, epilepsy and intellectual disabilities....more
Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more
Company Withdrew Job Offer Because of Cancer Surgery, Federal Agency Charged - ATLANTA - An Atlanta-based air transport communications and information technology company has agreed to settle a disability discrimination...more
Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more
Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more
An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more
Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more
Most California employers are keenly aware that California’s Pregnancy Disability Leave Law (“PDLL”) requires an employer to allow an employee disabled by pregnancy, childbirth, or a related medical condition, to take a leave...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more
Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more
In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more
In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more
Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the...more
Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more
A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more
A worker who was fired for her panic attacks won a $21.7 million jury verdict against her employer, including $16.5 million in punitive damages for the employer’s malice....more
Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more
Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more
In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more
Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more
An employee brought a lawsuit against her employer claiming disability discrimination after she was terminated from her employment. The United States Court of Appeals for the Ninth Circuit held that the employee could not...more
Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more
Here at The Modern Workplace, we have often cautioned employers to be very careful when hiring to avoid claims of discrimination. In particular, we have cautioned employers about using an employee’s class (such as gender,...more
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