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 Hodge was hired at Abaco LLC in New York. His signed offer letter discussed how […]
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 was a train conductor with Union Pacific who had a hearing disability. Employees were required […]
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 store in Arkansas were informed they’d need to wear an embroidered rainbow heart logo on […]
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 Schools in Kentucky. She clashed with the school board while voicing her opinion on the […]
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 Brown worked as an assistant manager at a Mississippi Walmart. She claimed to have been […]
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 employee is ADA-protected. ADA violation? Todd Kurtzhals worked as a police officer in Dunn County, […]
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 Illinois when she injured herself. Kotaska eventually returned to work, but she was unable […]
If you need to let people go, be sure your decisions comply with all discrimination laws, as well as the WARN Act and OWBPA.
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 an employee’s termination. Too old to do his job? Andre Williams worked for Waste Management […]
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 done with the right management techniques. How can you achieve this as a one-person HR […]
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 decided in mid-June – addressed a long-brewing question: Does Title VII’s prohibition against employment discrimination […]
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 he began missing work to receive treatments for his pancreaitis. He told his supervisor the […]
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 Dalberiste, a Seventh Day Adventist, applied for a technician position at GLE Associates, which entailed […]
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 issues with his direct supervisor. Dugandzic’s manager would frequently mock his accent in front of […]
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 100 pounds. So it told the district court to take up the case again and […]
The COVID-19 pandemic is the ultimate game-changer that has turned many things, especially business, on its head. Most companies have implementing work-from-home-arrangements for employees so they can keep things running. Along with all the cautions about online scams and email phishing, another pitfall awaits: It’s possible that without a legally sound remote work policy, your […]
