What kind of statements are sufficient evidence of unlawful discrimination based on age? How about a description of an employee as a “later career person”? Or an employer’s statement that it is looking for a “high energy person” to fill…
Employment Law
A new lawsuit filed by the Equal Employment Opportunity Commission (EEOC) accuses a hospital operator of violating the Americans with Disabilities Act (ADA) by withdrawing a job offer after a new employee developed pregnancy-related complications. Taylor McKay applied for a…
The U.S. Court of Appeals for the Seventh Circuit delivered a very employer-friendly ruling in an ADA case involving an injured employee. The decision provides favorable news for employers regarding the duty to extend reasonable accommodations under the ADA. Paula…
How much control do employers have over their employees’ use of social media? Different considerations are relevant depending on whether the employer is public or private. In a recent ruling, the National Labor Relations Board (NLRB) decided that a private…
Employment handbooks are a valuable tool for employers and can be used to set some employer-friendly terms. But there are lines that can’t be crossed. The U.S. Court of Appeals for the Sixth Circuit recently ruled that an employer went…
For some employees, unused PTO can really pile up. So when an employee leaves and is sitting on a big number of unused hours, the question of whether that employee is entitled to be paid for the unused PTO can…
Firing an employee right after she reveals she’s pregnant is a surefire way to get the EEOC’s attention. Seattle-based company Oatridge Security Group was sued by the EEOC after dismissing an employee solely because of her pregnancy. According to the…
An employee was fired after asking out a woman at a neighboring business, but his company ended up in court when the worker claimed his age was the problem, not his behavior. Here’s a breakdown of the case. Highly inappropriate…
Is an offer letter a legally binding employment contract? One employee thought his offer letter guaranteed him five years of employment with his company, but the 2nd Circuit ruled that wasn’t the case. Here’s what happened. Breach of contract? Steven…
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…
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…
