Responding to Trauma in the Workplace with Katharine Manning, President of Blackbird DC: On Record PR
#WorkforceWednesday: Focus on Caregiver Discrimination, Harassment and Discrimination Protections in NY, Wage and Hour Budget - Employment Law This Week®
A car salesman who was terminated following customer complaints of a bad attitude cannot get to a jury on his religious discrimination claim according to the Tenth Circuit Court of Appeals. The Tenth Circuit, which covers...more
The Tenth Circuit Court of Appeals recently considered—for the second time—an employee’s claim that she had been terminated in violation of the Americans with Disabilities Act (ADA). According to the court’s summary,...more
Federal civil rights laws prevent retaliation against employees who oppose discriminatory conduct in the workplace. What happens, however, when the employee’s oppositional conduct interferes with the performance of her job...more
On April 13, 2020, the District Court for the District of New Jersey granted the employer’s Motion for Summary Judgment and dismissed an employee’s claim of disability discrimination in the matter of Rooney v. NVR Inc. In...more
Addressing performance issues of employees who are on leave under the Family and Medical Leave Act (FMLA) can present challenges for employers. An employer may discover, for instance, that prior to going out on FMLA leave, an...more
Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more
Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more
The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more
As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more
Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is...more
What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more