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The Employer Handbook BlogDid you know that companies can sue for race discrimination too? (And potentially win.)
I’ve been practicing law for over 20 years, and I must concede that I did not know this.
Here’s how it works. Continue reading
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Employers do not need to recreate accommodations that do not exist to help employees with disabilities
Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with disabilities have the same rights and opportunities at work as everyone else.
Both laws require employers to provide individuals with disabilities with reasonable accommodations if needed to perform the essential functions of their jobs. However, when a failure-to-accommodate claim gets litigated, the onus is on the employee to establish that they could perform their jobs, even with reasonable accommodations.
A bipartisan group in Congress wants to make it easier for employees to prove age discrimination
On Monday, three House Republicans and three House Democrats reintroduced the Protecting Older Workers Against Discrimination Act (POWADA), billed as a bipartisan proposal to strengthen anti-discrimination protections for older workers.
An employee couldn’t show that ending her temporary position was discriminatory. I wonder why…
If it walks like a duck, quacks like a duck, and swims like a duck, it’s probably a duck.
Hold that thought while I tell you about someone who probably wouldn’t believe me. Continue reading
As one person found out on Monday, it’s not so easy to prove sexual orientation bias when you’re straight.
One of the largest jury verdicts in recent memory for a claim of employment discrimination was a $25.6 million award to a white manager who alleged that her former employer fired her because of her race.
But these wins involving discrimination against the so-called “majority” are few and far between.
Just getting the case to trial is difficult. Continue reading
Noncompetition Agreements and Restrictive Covenants in New York
In June, the New York Senate approved this bill prohibiting noncompetition agreements and certain restrictive covenants. I wrote that the days of noncompetition agreements in New York “are as limited as the Knicks’ chances of winning another NBA title.”
Oops. Continue reading
This is what a settlement with the EEOC looks like after they sue for discrimination
A few months ago, I blogged about a lawsuit in which the U.S. Equal Employment Opportunity Commission alleged that an employer denied a deaf job applicant’s accommodation request and terminated his candidacy because verbal communication and hearing were job requirements for the position in a remote setting.
Late last month, that case settled for $150,000.
But writing a check is only the beginning for this employer. Continue reading
How can you tell if in-office work is truly an essential function of an employee’s job?
Wait, Eric! Didn’t you blog about this yesterday? Continue reading