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Chemist’s circumstantial evidence too basic to prove ADA claim

DISABILITY DISCRIMINATION - It’s rare for an employer to announce that it is illegally discriminating against someone. An employee who is a victim of illegal discrimination most often is left with only circum­stantial...more

Stone walls (and policies) do a prison make: UDC bound by its rules

PERSONNEL POLICIES - While sitting in prison in 1642, the English poet Richard Lovelace penned his most famous lines: “Stone walls do not a prison make, nor iron bars a cage.” While Lovelace’s words about the nature and...more

Crossing professional boundaries: Demotion leads to sex bias claims

EMPLOYER LIABILITY - The workings of the human mind have fascinated and per­plexed people for eons. Scientists, artists, politicians, lawyers, and theologians have all grappled, in one way or another, with how the mind...more

Utah employee had no constitutional right to continued employment

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

Penske and the warehouse manager: Logistics of FMLA interference

FMLA Rights - Discrepancies and dishonesty - Kris Olson was a warehouse manager for Penske Logistics. After 12 years with the company, he received his first formal disciplinary notice in January 2014. He was given...more

What qualifies as a ‘request for accommodation’ under the ADA?

Reasonable Accommodations - According to the Equal Employment Opportunity Commission (EEOC), “Title I of the Americans with Disabilities Act of 1990 [ADA] . . . requires an employer to provide reasonable accommodation to...more

‘Where’s the beef?’ The FCA and its whistleblower protections

Thirty-two years ago, 81-year-old actress Clara Peller filmed a commercial for the Wendy’s fast-food chain. She mar­veled at a hamburger with an enormous fluffy bun and grum­bled the immortal words: “Where’s the beef?” Since...more

Words, words, words: When is a salesman not a salesman?

In the classic Broadway musical My Fair Lady, Eliza Doolittle laments, “Words, words, words! I’m so sick of words.” You may have felt the same frustration working with lawyers who quibble about the contractual meaning of...more

What does "will be insured" actually mean?

Balancing obligations to provide health and life insurance benefits to retirees with other legitimate business needs can be tricky. Although retirees depend on the benefits, employers may need to modify benefit plans for...more

Where Title VII, electrical utility market, and Peter Rabbit meet

In 1902, Beatrix Potter published “The Tale of Peter Rabbit.” It was an unexpected success, and by the time she passed away, she had published 23 books and secured for herself both a handsome income and a place in the history...more

Utah Employment Law Letter: April 2014: Title VII: To protect and serve? Harassment claim sent back to Utah court

You may have heard the term “summary judgment.” It means that if the facts of a case are so clear that only one outcome is possible at trial, a court will forgo a trial and decide the case. This process ensures that resources...more

Utah Employment Law Letter - November 2013: SEX DISCRIMINATION: Employer vs. employee perception in gender discrimination claims

Philosophers argue endlessly about “Truth” with a capital “T,” but most people will likely never comprehend that kind of “truth.” Rather, we all view and interpret the world and our experiences through a complex set of lenses...more

Utah Employment Law Letter - October 2013: EMPLOYEE MISCONDUCT: How a police officer hanged himself with a bracelet

Police officers have a tough job. They have to deal with people at their worst, and they always need to be wary of potential threats and dangers. Because of this stress and given the unique authority they possess, it’s...more

Utah Employment Law Letter - August 2013: Sex Discrimination Unwelcome Labor Pains: Pregnancy Discrimination Under Title VII

When it was originally passed, Title VII of the Civil Rights Act of 1964 did not prohibit pregnancy-related discrimination. That changed when the Pregnancy Discrimination Act (PDA) was enacted as an amendment to Title VII in...more

Utah Employment Law Letter - July 2013: Reasonable Accommodations: The glass may be half empty, but at least it isn’t leaking

According to Murphy’s Law, anything that can go wrong will. That’s not exactly a positive statement, especially for employers that have to deal with upset employees who see a lawsuit as a big payday. However, there are things...more

7/31/2013
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