Given all the emphasis on employees’ rights under various laws, employers are sometimes confused about their own rights. The Americans with Disabilities Act (ADA) is a perfect example. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities in order to enable them to perform the essential functions of their jobs.
November 2013
Blacks Using the N-word = Illegal Harassment
Sometimes people think it’s ok to use a racially offensive term as long as they are a member of that race. For example, many members of the predominantly Black hip-hop culture use the N-word to each other. The problem is that other Blacks find that unacceptable. And in the workplace, it can lead to liability,…
FMLA Is Not A “Get Out Of Jail Free” Card
Some employees seem to think that if they take leave under the Family and Medical Leave Act (FMLA), they are protected from any and all discipline. Some employers, confused by FMLA’s many requirements and restrictions, appear to agree. But the reality is that FMLA doesn’t insulate an employee from the consequences of her bad behavior. …
Will the Supreme Court Neuter Neutrality Agreements?
For a labor law attorney like myself, today is Christmas morning at the Supreme Court. In contrast to most labor law cases which reach the High Court and usually involve procedural and/or constitutional issues and labor law itself is only a side show (like Noel Canning later this term), the case at 1 First Street …
Managers Can Be Individually Liable For Discrimination – Or Not?
In a ruling that will strike fear into the hearts of managers everywhere, the 6th Circuit Court of Appeals held that managers can be held individually liable for discrimination under Title VII. Yes, that means if you’re a manager, you can be sued personally and potentially be on the hook – personally – for…
Non-assignment to Racist Patient Is Not Discrimination
It’s a classic case of damned if you do, damned if you don’t. Employers have an obligation to protect their employees from discrimination or harassment by third parties, including patients, customers, clients, vendors, and contractors. But in the case of Blackburn v. State of Washington Dept. of Social and Health Servs., the employer’s attempt…
FMLA Fraud – Confirmed!
So many of my clients are dealing with Family and Medical Leave Act (FMLA) abuse by various bad apple employees. I really feel their frustration because, as many of you know, it is really challenging to address FMLA abuse effectively given the law’s broad protections for employees. So it’s nice when, every once in a…