Could Pre-Employment Strength Testing Equal Discrimination?
The Situation: Prior to hiring candidates for specific positions with certain physical requirements, an employer requires the candidates to undergo a strength test. If this ends up weeding out more women than men, could this be discriminatory?…READ MORE
Is Calling Someone “Boy” Discriminatory?
The Situation: A supervisor repeatedly calls an employee “boy,” even after the employee requests that he stop referring to him in that way. After the employee is fired, he claims that he was subjected to discrimination in violation of Title VII. Can calling him “boy” support such a claim?…READ MORE
Is a No-Spanish Policy Discriminatory?
The Situation: A retail company rolls out a new policy prohibiting employees from speaking Spanish in front of customers. At one store, a manager takes it a step further and tells employees they are not to speak Spanish at all while on store premises, even if on break. Does this constitute national origin discrimination?…READ MORE
Can Setting Pay Based on Prior Salary Equal Discrimination?
The Situation: An employer sets new employees’ salaries partly based on what they were making previously. If this results in a female employee being paid less than a male employee in the same position, does this support a claim of discrimination?…READ MORE
Can You Stop an Employee from Signing Emails “In Christ”?
The Situation: An employee for a state agency adds the phrase “In Christ” to his email signature. The state agency tells him to stop and he eventually loses his job based on his refusal to stop using this phrase in his email valediction. Can the employee bring a claim of religious discrimination?…READ MORE
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
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
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