How Far Can You Go With Medical Inquiry of a Prospective Employee?
Posted on March 30, 2016READ MORE
Can You Take Back a Job Offer if He Becomes a She?
Posted on March 23, 2016READ MORE
Did She Quit or was She Fired? In FMLA Context, Could Mean Liquidated Damages
Posted on March 16, 2016
Posted in Family Medical Leave Act (FMLA)the situation Your HR Director is under a lot of stress—both based on some personal issues and some issues between her and the CEO. According to the CEO, during a heated conversation, she quits. She claims she just told the CEO that she was thinking of quitting and that she was actually fired when she […] READ MORE
Does Harassment Based on Sexual Orientation Count as Sex Discrimination?
Posted on March 9, 2016READ MORE
Sick Leave for Federal Contractors—DOL’s Proposed Rule
Posted on March 2, 2016
Posted in Employment Policies and Compliancethe situation Your company does jobs for the federal government. You don’t currently provide employees with sick leave. Will you be required to change this practice? READ MORE
Obesity = Impairment?
Posted on February 24, 2016
Posted in ADAAA (Americans with Disabilities Amendments Act), Americans with Disabilities Act (ADA), Discrimination Lawthe situation You are hiring for a position that has some significant safety concerns. You offer the job to an applicant, contingent upon a successful medical screening. The screening ends up showing that the applicant is morbidly obese and you are concerned about the risks that could be associated with his performing the functions of […] READ MORE
Can Automated Response to Online Employment Application Show Knowledge of Age?
Posted on February 17, 2016READ MORE
Damages for Failure to Hire Even After Felony Drug Arrest?
Posted on February 10, 2016
Posted in Discrimination Lawthe situation You decide not to hire a job applicant based upon a determination that he is medically unqualified for the job. He then files a charge with the EEOC, claiming that you have discriminated against him based on his actual and perceived disability. About six months later, the applicant is arrested and charged with […] READ MORE
Can Medical Marijuana User be Fired for Positive Drug Test?
Posted on February 3, 2016
Posted in Discrimination Lawthe situation As part of your post-hiring process, you make new employees undergo a drug test. One such employee tests positive for marijuana—but explains that he is using marijuana medicinally at the recommendation of his doctor. Your policy states that you will terminate any new employee who does not provide a clean drug screen. Can […] READ MORE
Drop and Give Me Thirty (Or Fourteen If You’re a Woman)—Is This Discrimination?
Posted on January 27, 2016READ MORE