Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities Act applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.
You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Eric B. Meyer, Esq. gets companies HR-compliant before the action sequence. Serving clients nationwide, Eric is a Partner at FisherBroyles, LLP, which is the largest full-service, cloud-based law firm in the world, with approximately 210 attorneys in 21 offices nationwide. Eric is also a volunteer EEOC mediator, a paid private mediator, and publisher of The Employer Handbook (www.TheEmployerHandbook.com), which is pretty much the best employment law blog ever. That, and he's been quoted in the British tabloids. #Bucketlist.
- Member for
- 7 years 7 months
Articles by Eric B. Meyer
Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. Anecdotally, a question that plagues most employers is just how much leave is enough?
We know that an indefinite leave of absence is not a reasonable accommodation. But, what about when an employee takes one leave, after another, after another.
When is enough enough?
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Is this Retaliation 2.0?
Two weeks ago, Adria Richards attended an industry conference at which she overheard sexual jokes from two attendees sitting behind her during a session. So, she complained...on Twitter:
And then she blogged about it here. The social-media complaints resulted in one of the joke tellers getting fired. And, last Wednesday, Ms. Richards tweeted that her employer supported her.
I have three kids, ages three and under. So a vacation for me is the half hour of quiet time I get in the bathroom every morning.
It's not like the old days.
I remember Spring Break '97 in the Bahamas. Sun, beach, water sports, and a couple of adult beverages.
I was reading this federal court opinion over the weekend. It involves a disability-discrimination claim brought by a deaf man who applied to become a lifeguard at a county pool, but didn't get the job because the county thought his disability would compromise swimmer safety. Plus, the town was not convinced that it could accommodate the deaf applicant because it couldn't be 100% certain that he could safely be on the lifeguard stand alone, without someone constantly by his side.
Folks, I'm guilty.
Mo bagels, mo problems.
Let's take you back to August, 2010. David Ross, the plaintiff, attended a meeting of the Colorado Department of Transportation's Staff Bridge Unit Leaders, where the annual employee appreciation luncheon was discussed. During the meeting, another employee noted that the luncheon was scheduled during the observance of Ramadan and requested that the luncheon be rescheduled so that one of his subordinate employees, Ali Harajli, an observant Muslim, could attend. An alternative date was proposed and approved by Mr. Ross's supervisor.
When an employer is faced with a sexual-harassment lawsuit, one of its best defenses is that the company took reasonable care (e.g., policy, training) to prevent sexual harassment (and then addressed complaints in a manner that is reasonably designed to end the sexual harassment)
- Bikram Yoga
- That other kind of yoga
I have three kids three and under. Like I have time on the weekend to come up with 172 anythings...let alone something requiring a scintilla of creativity, save channeling my inner Andy Warhol at the children's museum yesterday -- 4 likes on Facebook for the uncensored version, yo.
The title of this post is comprised of the seven poorly-chosen words from a Vice President of Operations at a Detroit casino right before the casino terminated a white employee for allegedly botching supervision of a dealer card shuffle.
What do you think? Do we have a live race-discrimination claim? Oh yeah, we do! Details after the jump, as well as thoughts on employers who strive to maintain racial balance in the workplace...
HR heads are still spinning as they try to digest what the National Labor Relations Board has tried to accomplish this year.
The Acting General Counsel has issued confusing reports on social media. The Board has also attempted to create quickie union elections, and require companies to abide by a union-poster rule. Why, just a few weeks ago, the Board ruled that an "at will" provision in an employee handbook may violate the National Labor Relations Act. That one is still a head-scratcher for me.
What started out well for the employer...
On April 29, 2009, Catherine Coffman, an employee of Robert J. Young Company, Inc. ("RJY"), got into a motorcycle accident. RJY provided Ms. Coffman with leave under the Family and Medical Leave Act. Just before Ms. Coffman's FMLA expired, RJY offered to return her to work in a sedentary job that provided the same pay and benefits as her old position. Ms. Coffman rejected the offer because she did not feel that she was able to return to work yet.
A maintenance mechanic in Illinois received twenty-eight disciplinary-action forms from his supervisor. Ultimately, he was offered two choices: (1) accept a demotion to a non-mechanic position and take a significant pay cut; or (2) keep the position, fight the discipline, but face potential termination.
On the advice of his union representative, the mechanic took the demotion. He later sued for retaliation, claiming that the demotion, which he voluntarily accepted, was a direct response to a charge of discrimination he previously filed with the EEOC.
The National Labor Relations Board stresses that employees must be able to discuss their jobs freely.
The National Labor Relations Board, which helps administer the provisions of the National Labor Relations Act, believes that social-media policies are overly broad if they unfairly restrict employees -- union or non-union -- from engaging in protected concerted activity. In simple English, if employees can't discuss their jobs with one another, the Board has a problem.
Earlier this year, a local teacher was suspended after her school learned about nasty comments on her personal blog concerning her students. And that story became national news. Now, word has it that the school is considering a social-media policy. Well, it's about time!
Social-media policy? We don't need no stinkin' policy! Then again...