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
Do You Need to Pay Your Interns?
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?
The 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?
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 the issue, the employee is later terminated, purportedly for something totally unrelated. Can she bring a claim of discrimination?…READ MORE
Employee Fails to Report Sexual Harassment For Fear of Retaliation-Can She Make a Claim Under Title VII?
The 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?
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?
The 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?
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