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
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
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
Can An Applicant Bring a Claim of Discrimination After Rejecting a Job Offer?
The Situation: During a job interview, a female candidate is told by the general manager of a company that she is really looking for a male to fill the position. The female candidate is ultimately offered the job, but at a lower salary than was even advertised. The female candidate is also told by another company representative that the general manager would likely try just to push her out if she takes the job. Based on all of this, the female candidate turns down the job offer. Since the female candidate rejected a job offer from the company, can she really bring a claim for discriminatory failure to hire?…READ MORE
Does a Mandatory Retirement Age Equal Discrimination?
The Situation: An employer has a policy that states that all employees must retire at the age of 65. Is this age discrimination?…READ MORE