Oooooh…this one is going to be really good! There’s usually a certain formula when I invite other attorneys to join me to chat on The Employer Handbook Zoom Office Happy Hour. We pick an employment law topic, dissect it for an hour, and sprinkle in some audience Q&A. For example,…
How broad is the Americans with Disabilities Act‘s definition of “disability”? It’s so broad, concluded the Eleventh Circuit Court of Appeals in this recent decision, that an employee can show that he is disabled based on his say-so. The plaintiff was the Chief Electrical Inspector of a municipality. In October 2014,…
Imagine a situation that, well, won’t be too hard to imagine. One of your employees gets a new supervisor, and things don’t seem to be working out. The employee complains that the new supervisor scheduled her to work the closing shift even though it conflicted with her ability to provide…
Credit: Office of Commissioner Andrea R. Lucas Late last week, as I enjoyed the FisherBroyles partner retreat (responsibly-ish) in Nashville, the U.S. Equal Employment Opportunity Commission released a new resource on pregnancy discrimination. Spoiler alert: The Dallas Cowboys won’t make the playoffs this season resource doesn’t contain any game-changing new…
I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA). Did that stop her from…
The local and national news outlets were buzzing yesterday about a family toting around a five-foot reptile in Philadelphia’s Love Park last week. Meet Wally, the Emotional Support Alligator. Imagine encountering this beast on your afternoon stroll out with the family. This report from the Philly Voice included reactions from some…
A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing. It was a nightmare. In men’s housing, the transgender woman (who I’ll…
Perhaps you’ve gotten here because you’ve Googled ‘How long do I have to sue my employer for discrimination?” Either way, let’s discuss. I read this federal court decision last night, the inspiration for this post. It’s an action for age discrimination under the Age Discrimination in Employment Act (ADEA) and…
Imagine getting the call sometime past midnight at an out-of-town national sales conference that you need to immediately investigate a complaint from an employee who says that his female co-worker has sleepwalked into a bed in his hotel room. That wasn’t on the SHRM-CP exam. Then again, no one forced…
Hey, don’t judge me. You’re just as heartless reading this as I am writing it. The Family and Medical Leave Act gives eligible employees the right to take twelve weeks of job leave because of a serious health condition.” When his leave ends, an employer must reinstate an employee to…