In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as...more
Even if “somnambulism” is a disability, an employee who sleepwalks uninvited into the hotel room of her co-worker has no protection, according to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit....more
A recent case provides a refresher step-by-step guide on the requirements of a lawfully administered disability accommodation policy under the Missouri Human Right Act. In Loerch v. City of Union, No. ED. 109707, (Mo. App....more
Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more
In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more
Under Missouri law, a request for accommodation cannot serve as the basis for a retaliation claim. Last month, the Supreme Court of Missouri issued a unanimous opinion in Lin v. Ellis, No. SC97641, 2020 WL 203145, at *5, —...more
Key Points- To assert a claim of discrimination based on retaliation under the Missouri Human Rights Act (MHRA) an employee must engage in a protected activity in which the employee opposes a practice prohibited under the...more
Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more
With flu season here and reported incidents of deaths caused by diseases thought to have been eradicated by vaccines on the rise, many healthcare providers are considering mandatory vaccination of employees. The Centers for...more
In a failure to accommodate claim under the Minnesota Human Rights Act (“the MHRA”), a federal judge granted summary judgment for the employer, finding the employee’s after-the-fact explanation of his misconduct was not a...more
On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of “drive-by” disability access lawsuits in the state. The law now...more