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Employment Law

Dismissal valid if based on “unprofessional” behavior

East Carolina University dismissed a student with bipolar disorder from its master’s degree program. The student sued, alleging a violation of the ADA.

Hiring disabled workers? No time like the present

For disabled workers, the pandemic has been both a crisis and an opportunity—a crisis because so many suffer from disability-related morbidities that make getting infected very dangerous, and an opportunity because remote work flourished. Plus, the shortage of workers has meant more chances for disabled applicants to be hired than ever before.

Conduct a self-audit before finalizing terminations

There’s a compelling reason to conduct a routine HR office review of all employment decisions before they’re finalized. That way, your HR professionals can do their jobs and confirm that the decision is based on objective information and business necessity.

Housekeeper for Bezos sues, alleges racial discrimination

Jeff Bezos, the founder of Amazon, has been sued close to home. His former housekeeper, who is Hispanic, accuses him and two of his investment firms of racial discrimination.

Two new lawsuits on an ancient form of discrimination: caste

Recently, several advocacy groups have urged the EEOC to expand its protection under Title VII of the Civil Rights Act based on a unique form of discrimination involving membership or assignment to a caste system. At the same time, two lawsuits are testing whether Title VII’s religious or national origin discrimination provisions can provide a remedy for caste discrimination victims.

Don’t let holiday party end in litigation

Getting together in person in a casual and festive environment is an opportunity to reestablish relationships and strengthen the corporate culture. But all that merriment comes at a price—potential lawsuits over everything from booking a non-accessible site for your disabled workers to religious objections if the party is mandatory to sexual harassment fueled by excess alcohol and lowered inhibitions. Here’s how to throw a party with minimal legal risk.

NLRB is watching: Don’t spy on your employees

Concerned by the brave new world of digital supervision, the NLRB issued a memo on Oct. 31 warning employers not to use intrusive or abusive electronic surveillance.

Don’t make this $56.5 million mistake

The San Diego City Attorney’s Office sued Instacart, alleging that its shoppers should be classified as employees rather than independent contractors.

Protect yourself from ADA suits with specific job descriptions

You may want to stand out in your job descriptions and advertisements. But job notices are more than promotional material. They can be used in court to decide if employees who sue have a leg, or document, to stand on.

Watch those deadlines! Harvard didn’t

You heard about the affirmative action case filed against Harvard University; the oral arguments took place in October before the Supreme Court. At least Harvard assumed you heard about the case. The university also assumed that their insurance company, Zurich American Insurance Co., knew about it. Wrong.