The trailblazing Seventh Circuit Court of Appeals achieved a monumental result. And it only took 53 years after the enactment of Title VII of the Civil Right Act of 1964. Below, I have a breakdown of yesterday’s historic decision in Hively v. Ivy Tech Community College. Let’s start with the court’s…
The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions…
Not cool, dude. Hatter v. WMATA (opinion here) involves an individual with sleep apnea who applied for a bus driver position. He got the job conditionally, but later had the offer rescinded. What happened?!? Well, the offer was rescinded because the plaintiff chose not to submit sleep apnea test results to…
In case you haven’t heard, Cracker Barrel fired Brad’s wife — or so we’re told. And, the internet is losing it’s you-know-what. If you’re late to the party, and don’t have a clue what I’m talking about, read these posts: Why did Cracker Barrel fire Brad’s wife? The Internet demands…
A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me? Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the…
//embedr.flickr.com/assets/client-code.js I’ll be back tomorrow. Image Credit: https://www.flickr.com/photos/anilchudasama01/25516529980
It was déjà vu all over again yesterday. In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation. Like the Eleventh Circuit a few weeks ago, a three-judge…
You wouldn’t fire someone because they complained to you about sexual harassment at work. For starters, that would violate Title VII of the Civil Rights Act of 1964. But, Title VII’s anti-retaliation provisions are much broader than that. Title VII prohibits employers from retaliating against an employees who oppose unlawful harassment…
By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia CommonsAlcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform…
Today, my friends, is National Cheesesteak Thursday. Started back on Thursday, March 24, 1994, by four high school classmates of mine, this is a day to celebrate with some quality ribeye, an Amoroso roll, and your choice of American, Provolone, or Cheez Whiz. Just never Swiss. That mistake cost John Kerry the…