Is An Allergy a Disability?
Posted on January 31, 2018
Posted in Americans with Disabilities Act (ADA)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?
Posted on January 24, 2018
Posted in Religious Discriminationthe 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 […] READ MORE
EEOC Goes After Another Employer For Failing to Extend Leave
Posted on January 17, 2018READ MORE
Do You Need to Pay Your Interns?
Posted on January 10, 2018
Posted in Fair Labor Standards Act (FLSA)the situation Your company allows students to work during the summers as interns. Do they have to be paid? READ MORE
Harassment Claim Following a Consensual Sexual Relationship?
Posted on January 3, 2018
Posted in Harassmentthe situation An employee engages in a consensual sexual relationship with her boss. After she breaks it off with him, he begins treating her differently. She is subsequently put on a performance improvement plan and then terminated in connection with a company restructuring. Can she then bring a claim for sexual harassment? READ MORE
Nursing Mother Fired After Dispute About Where She Could Pump—Discrimination?
Posted on December 20, 2017
Posted in Pregnancy Discrimination Act (PDA)the situation An employer decides to implement a new policy permitting lactating mothers to express breastmilk only in certain designated lactation rooms. An employee who has been pumping in her office objects to this new policy, claiming that it will inhibit her ability to do her job properly. Following a number of heated exchanges about […] READ MORE
Employee Fails to Report Sexual Harassment For Fear of Retaliation-Can She Make a Claim Under Title VII?
Posted on December 13, 2017
Posted in Title VIIthe situation Courts have found that employers have a valid defense to a sexual harassment claim if they can show that they have a procedure in place for reporting this type of situation and an employee failed to follow it. But what if the employee takes the position that reporting it will do no good? READ MORE
But It Was For Her Own Good—Is This a Defense to a Discrimination Claim?
Posted on December 6, 2017
Posted in Pregnancy Discrimination Act (PDA)the situation An employer finds out that a pregnant employee is considered high risk and so takes her off the schedule based on some concerns about her safety in the workplace. Is this discrimination? READ MORE
Over One Million Dollars in Damages for Discrimination Based on Transgender Status?
Posted on November 29, 2017
Posted in Gender Discriminationthe situation A professor claims that she was denied tenure only after she began transitioning from male to female-will this support a claim of discrimination based upon gender in violation of Title VII? READ MORE
Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?
Posted on November 15, 2017
Posted in Americans with Disabilities Act (ADA)the situation A company requires all employees returning to work from medical leave to be able to perform their essential job duties without any sort of accommodation—basically a 100% return-to-work policy. The policy applies across the board, no matter what the medical condition or what the employee’s position. Is this lawful? READ MORE