A disabled employee failed a safety test and was fired, but now the company’s in hot water for not trying hard enough to find an ADA accommodation for the worker. Here’s a breakdown of the case. Suggested alternatives Mark Mlsna…
Employment Law
Two employees recently voiced concerns about an employer-mandated dress code, and the EEOC backed up their religious bias claims. Here’s how a uniform requirement resulted in two firings and a lawsuit. Requested an accommodation Two employees at a Kroger grocery…
Can employees be protected under the ADA if they aren’t disabled themselves? The 6th Circuit recently decided in certain circumstances, yes. Here’s a rundown of the case. Clashed with school board Cherryl Kirilenko-Ison was a school nurse for Danville Independent…
The timing of terminations can result in lawsuits – especially if the employee recently engaged in protected activity. But in a recent case, a court decided a worker who reported sexual harassment wasn’t fired in retaliation. Fired after report Lashawnda…
Things get tricky when an employee’s disability causes them to violate company policy, and employers are trying to avoid claims of ADA discrimination. However, a recent ruling proves that employers are allowed to enforce disciplinary measures – even when the…
When an employee has an injury or disability, the ADA requires employers to grant reasonable accommodations. But what happens when the employee’s injury prevents them from performing an essential part of their job? Lifting requirement Janet Kotaska worked for FedEx…
In this unprecedented COVID-19 world, employers may need to consider layoffs, furloughs or even closures to get through to the other side (whenever that comes). If you have done all you can to weather the government-mandated shutdowns and now have…
In past rulings, courts have shown that even one stray comment can be enough to get employers on the hook for discrimination. But in this recent case, a court ruled that a manager’s biased comment had nothing to do with…
The pressures and responsibilities of HR are difficult enough for a whole department of people, but when you're the only HR professional it's a matter of survival mode. Handling the workload, ensuring legal compliance, and avoiding extreme stress can be…
In a landmark 6-3 ruling on LGBTQ protections under Title VII, the U.S. Supreme Court put it bluntly: “An individual’s homosexuality or transgender status is not relevant to employment decisions.” The case, Bostock v. Clayton County – which the Court…
The ADA protects employees from disability-related termination, but what happens if the person never mentioned they had a disability? Here’s what the 2nd Circuit had to say about that question. No prior notice Jesse Longway worked at Myers Industries when…
When it comes to accommodating religious needs, employers often have to be lenient to avoid trouble. But a recent case complicated the matter when a candidate’s request for an accommodation directly interfered with the job requirements. Request posed hardships Mitche…
Disabled employees have certain protections under the ADA, but what happens when their disability causes troubling behavior? The 1st Circuit examined this question in a recent lawsuit. Obscene language Kirstie Trahan, a military vet with PTSD, worked in a call…
Can mild teasing result in a hostile work environment? In the case of one Croatian employee, yes. Here’s how the 11th Circuit weighed in on the issue. Mocking, rude behavior Rajko Dugandzic worked for Nike when he began to have…
Unlike an Alabama district court, an appeals court couldn’t see the difference between injured workers who couldn’t lift more than 20 pounds and a pregnant worker who couldn’t lift 50, since none of them could meet the requirement to lift…
Often, one or two offhand comments can be enough to establish discrimination. But in this case, an employee’s firing was due entirely to poor performance, and not their manager’s discriminatory comments. Failed to meet PIP requirements Carl Castetter worked for…
