The duty of employers to accommodate disability under the Americans with Disabilities Act (ADA) doesn’t begin with a new worker’s first day on the job. Instead, it also fully applies during the hiring process. What steps should employers take to…
Employment Law
A Georgia appeals court revived a former employee's breach of contract claim against her former employer. Here's why she got a second chance to prove her claim in court. In 1999, Sandra Sigmon was hired as a teacher for the…
A teacher who was prohibited from wearing a MAGA hat at training sessions will proceed with a First Amendment lawsuit following a ruling by a federal appeals tribunal. The case highlights a basic but critical distinction between public and private…
Race discrimination is bad enough, but an Oklahoma-based company recently learned the hard way that adding a retaliation mistake on top of that can lead to hefty settlements. American Piping Inspection, Inc. has agreed to pay $250,000 to settle a…
Employers have a legitimate interest in preventing FMLA abuse. But of the tools at their disposal to fight that fight, is conducting surveillance on employees one they should use? The short answer: Surveillance is perfectly fine as long as there…
Work-from-home arrangements were always a potential accommodation under the Americans with Disabilities Act (ADA), and they became generally more prominent when the now-lingering pandemic first hit. But despite their proliferation, some employers are continuing to run into trouble when it…
JDKD Enterprises, the owner/operator of several McDonald’s franchises in New Jersey, has agreed to pay $100,000 to settle a lawsuit filed on behalf of an autistic employee. The EEOC claimed the franchisee fired an employee who worked at several McDonald’s…
Employers who find themselves in the midst of a labor practices probe by the feds have the right to prepare to defend themselves, including by talking to their employees. But as a new ruling from the federal National Labor Relations…
Iowa's highest court ordered a school district to reinstate a fired teacher who had been placed on a performance improvement plan (PIP) and remanded her case to the district court for further proceedings. After receiving an unsatisfactory classroom evaluation, a…
The Seventh Circuit affirmed the dismissal of a white employee’s reverse discrimination claim. William Groves is a white athletic director who worked at the district for years. In 2017, he applied to serve as Corporation Director of Athletics. The superintendent,…
UPDATE: As expected, President Biden has signed the Speak Out Act into law, ushering in a new era of protection for victims of sexual misconduct who are subject to nondisclosure and/or non-disparagement agreements in connection with their employment. The new…
Terminations can be tricky – especially when an employee has recently been out on medical leave. Case in point: A company fired an employee four days after she returned to work from a medical leave due to a head injury…
An employee who survived the recent mass shooting at a Virginia Walmart has filed a negligence lawsuit against the company. Donya Prioleau has been employed as a Walmart associate since May 2021. She worked the overnight shift and was responsible…
Requests for accommodation on religious grounds can come up in some unusual ways. Exhibit A: In a recent case, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of a Buddhist airline pilot who balked at his employer’s…
It’s been a nagging and frustrating question for employers for decades now: When it comes to providing reasonable accommodation for employees with disabilities, exactly how far do I have to go? Savvy employers are well aware of the concept of…
Idaho’s highest court negated a lower court ruling that said a doctor’s noncompete agreement could not be enforced. The case was sent back to the lower court for further proceedings. Dr. Donald Blaskiewicz, who is a highly trained neurosurgeon, was…
