What Can you Ask about an Employee’s Medications?
Posted on June 14, 2017
the situation One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells the employee he cannot take that medication on the job. Is there anything wrong with his conduct?
Is Gender Dysphoria a Disability Under ADA?
Posted on May 31, 2017
the situation An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with a female name. Management refuses to accommodate these requests until her name and gender marker are legally changed from male to female. The employee’s […]
Is Telling Someone You Want to Maximize Longevity a Bad Idea?
Posted on May 24, 2017
the situation A 60 year old man applies to be a General Manager of a restaurant after spending over twenty years in the restaurant industry, a number of which were served in a managerial capacity. After interviewing the applicant over the phone, the hiring manager decides to bring him in for a face-to-face interview with […]
Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?
Posted on May 11, 2017
the situation A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the […]
Employee Wellness Program—Potential Risks Under ADA?
Posted on April 12, 2017
the situation You implement a voluntary employee wellness program which requires employees to undergo health risk assessments and complete a health history questionnaire. One of the incentives is that employees who complete the health risk assessment are not required to pay their monthly premiums for single coverage health insurance. An employee raises concerns about the […]
Discrimination Based on Perceived Sexual Orientation??
Posted on March 29, 2017
the situation An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the […]
Has Filing an EEOC Charge Just Gotten Easier?
Posted on March 15, 2017
the situation In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make it easier on them and also on the agency itself. The first phase was implemented in 2015 and allowed employers against whom a charge […]
Firing Six Weeks After Charge Enough to Show Retaliation?
Posted on March 8, 2017
the situation An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can […]