Can Ability to Work Overtime Be an Essential Function of a Job?
The Situation: An employee’s medical condition prevents him from being able to work overtime. If the employer terminates him as a result, could this be disability discrimination?…READ MORE
Workplace Harassment Reporting—Is There an App for That?
The Situation: According to the EEOC and other sources, a large majority of all workplace harassment goes unreported. Perhaps this is because employees don’t feel comfortable reporting workplace harassment. But perhaps it is also because employers don’t always ask the right questions or utilize the best information-gathering methods. So how can artificial intelligence be used to address this issue?…READ MORE
Does Refusing a Request to Work Remotely Equal Discrimination?
The Situation: An employee has to be on bed rest for a number of months because of a medical condition. She requests that you allow her to telecommute. But because her job duties involve a lot of in person presentations and face to face meetings, you deny this request and require her to take unpaid leave. Could this be disability discrimination?…READ MORE
Can you Fire an Employee for Telling a Customer He is Gay?
The Situation: An employer terminates an employee after he talks openly about his sexual orientation with a customer. Could this constitute discrimination under Title VII?…READ MORE
Can You Require Employees to Get a Flu Shot?
The Situation: An employer has a policy requiring all new employees to get a flu shot. After a job offer is extended to a certain applicant, she tells the employer that she has a religious objection to getting a flu shot. If the employer revokes the job offer, is this discrimination?…READ MORE
Does Calling Someone a B*tch Create a Hostile Work Environment?
The Situation: A female employee claims that a male co worker has repeatedly called her a stupid b*tch. Can she successfully assert a claim for hostile work environment?…READ MORE
Can an Employee Assert Defamation Based on Info Given to the EEOC?
The Situation: A former employee files an EEOC charge. The EEOC requests a position statement and the employer provides it. Can the employee later use that position statement to support a claim for defamation?…READ MORE
Is An Allergy a Disability?
The Situation: An applicant for a position in a hospital has a latex allergy, meaning he could have a reaction to the latex gloves used with regularity in the hospital. Is this allergy a disability? And, if so, what does the hospital have to do to accommodate it?…READ MORE
How Far Do You Have to Go to Accommodate a Religious Belief?
The Situation: An employee who is normally scheduled to work one Saturday a month tells you that he cannot do so because he is a Seventh Day Adventist (and thus celebrates Sabbath on Saturdays). You tell him he is free to use leave for any Saturdays on which he would otherwise have to work, but that when he runs out, he’ll have to find someone with whom he can swap shifts. Is this discrimination?…READ MORE
EEOC Goes After Another Employer For Failing to Extend Leave
The Situation: An employee who has been out on leave asks for a several extra weeks of leave—putting her over the twelve weeks to which she is entitled under the FMLA. Does the employer have an obligation to consider this request under the ADA?…READ MORE