A man walks into a job interview. Years earlier, he sustained an injury that caused him to walk with a limp and requires him to extend his leg when seated. He had applied for one of the company’s open positions. And since he satisfied the minimum experiential and educational requirements,…
No. At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. That’s what I took away from a recent federal court decision involving a military veteran who suffers from Post-Traumatic Stress…
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science. Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. The case involves an…
Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Generally, when an employer believes that an employee engaged in behavior that warrants termination of employment, an employee who claims discrimination will lose…
The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations. Here’s more…
Federal circuit courts are split over whether former employees may sue their employers under the ADA for discrimination in the provisions of post-employment benefits. Two say they can; four say they can’t. Yesterday, the Supreme Court agreed to resolve the matter. It will do so at the request of a…
See what you think of this. An employee who recently returned from breast cancer surgery complains to her manager that her job “was hard for her physically,” she “was struggling” and “needed some time to get back to normal.” The employee added that she had worked 53 hours the week…
The Americans with Disabilities Act requires employers to make reasonable accommodations for a qualified individual with a disability unless doing so will impose an undue hardship on its business. A plaintiff who claims that their employer failed to accommodate them must initially establish that they could perform the position’s essential…
The U.S. Equal Employment Opportunity Commission recently issued two press releases: one announcing a disability discrimination lawsuit and another about a recent settlement of age and disability discrimination claims. Both involve supervisors who allegedly thought they knew more than medical professionals. They were wrong. In the pending lawsuit, the EEOC…
Today, I will tell you about an employee caught sleeping on the job. Several times. The first was when three coworkers observed him sleeping at his desk while not on a break, which violated the company’s conduct policy. So, with HR’s approval, the employee’s manager decided to issue him a…