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Employment Law

Cupid’s arrow misses—and so does harassment suit

04/24/2019
Sometimes, a failed workplace romance doesn’t result in a demoralizing and costly courtroom loss!

Fired worker right after she complained about sexual harassment? Prepare for a lawsuit

04/24/2019
If you discharge an employee shortly after she files a sexual harassment complaint, chances are she will sue and allege retaliation. Even if she is off work for a few months, you may end up owing her more than lost wages if she also suffered emotionally.

Claim of hostile work environment based on disability may add up to ADA lawsuit

04/24/2019
The 2nd Circuit Court of Appeals has ruled for the first time that the ADA allows disabled workers to sue separately if they experience a hostile work environment based on their disability. That’s true even if the disabled worker doesn’t have a failure-to-accommodate or a disability discrimination claim.

It’s not bias: OK to deny shift-change request

04/24/2019
Under some circumstances, courts have ruled that changing someone’s usual shift can be an adverse employment action or retaliation for engaging in protected activity. But what if the employee was hired to work a specific shift and then re­­quests a transfer to another?

Beware presumptions about alcoholism

04/24/2019
Alcoholism may be an FMLA-covered serious health condition. If an employee returns to work after taking FMLA leave to rehab from a drinking problem, warn supervisors to check their presumptions about alcoholism. Doing or saying the wrong thing could violate the FMLA, the ADA or both.

EEOC tactic: Force law-breaking employers to create an HR department

04/18/2019
While many smaller organizations slide by without having a dedicated HR director or HR department, a new court ruling will gives those HR-less companies something to think about.

Yes, you can terminate during FMLA leave

04/18/2019
You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.

EEOC suit: Goodwill refused to accommodate disability

04/18/2019
Goodwill Industries of New York and New Jersey, which provides job opportunities to people with disabilities, violated federal law when it failed to provide reasonable accommodations that would have allowed an employee to continue working as an office building janitor in New York City, the EEOC charged in a recently filed lawsuit.

Never deny benefits because of prior FMLA leave

04/16/2019
An employer who didn’t provide paid leave because of past absenteeism now faces a retaliation lawsuit.

Avoid preconceptions about what disabled employees can and cannot do

04/16/2019
Stick to the tasks you’ve identified as essential. Don’t change the list of essential job functions based on what you think you know about the disability.