January 2014

In a happier, pre-ADAAA (Americans with Disabilities Act Amendments Act) time, I could blithely advise clients that any medical condition that lasted less that 6 months was only temporary, and therefore was not a covered disability under the ADA.  Upon passage of the ADAAA, however, this elegantly simple, bright-line rule no longer applies.  Instead, we

Management-side labor attorneys often are spoilsports when it comes to outside groups entering company property to peddle their wares.   Many employers think they are being the benevolent boss by inviting cable companies, cell phone providers, charities, etc. onto the company premises and allowing these groups access to their employees.   But if you allow all of

We’ve heard about racial profiling by the police.  But what about by employers?  A state agency, the Nebraska Equal Opportunity Commission, made the very broad (and aggressive) finding that, “Racial profiling occurs when an employee . . . is questioned, disciplined, and terminated, on the basis of his race.”  That is a strange definition of