According to Pharmajet Blog, a surprising number of pharmacists suffer from trypanophobia – the fear of giving injections, which most in their profession have to do these days during flu season. As Pharmajet notes, the Americans with Disabilities Act generally does not help the needle-phobic pharmacist because companies have a right to define the essential functions of a job.


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For all you employment litigators, we just learned that you don’t have to file a Freedom of Information Act (FOIA) request with the Equal Employment Opportunity Commission (EEOC) in order to get its file on a plaintiff’s charge of discrimination! What?! Our (admittedly somewhat limited) world has been rocked!
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And with that elegantly pointed statement, the U.S. Supreme Court vacated an opinion on the Equal Pay Act that had been issued by the en banc U.S. Court of Appeals for the Ninth Circuit (i.e. the entire group of judges on the Ninth Circuit bench). The opinion had been authored by Judge Stephen Reinhardt, who unexpectedly passed away on March 29, 2018. The opinion was not issued until April 9, 2018 – 11 days after his death.
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So, you say you want to avoid employment jury trials?  Let’s talk.

The Federal Arbitration Act (and the law of virtually all States that have enacted a version of the Uniform Arbitration Act) favor arbitration.  Contractual agreements that clearly and unmistakably set forth an intent to arbitrate disputes normally will be enforced (barring a judicial “lapse of judgment”).  Key benefit: in arbitration, there is no jury!  Employers know that juries are fickle, and may decide an issue based on empathy and anger rather than the rules of law enunciated in the jury instructions. 
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In my occasional series on extraordinary employee misconduct, I was both shocked and amused by a case involving a trooper who was fired after he hit on a female motorist after arresting her! While he was on a last chance agreement for (wait for it…) hitting on another female motorist after arresting her! I mean, I know the dating scene can be rough, but this really does not seem like a good dating approach.
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Whether you are looking out your window at the wonder of snow or trying to prognosticate when it will hit, one thing is for sure.  If you are in a state with mandatory sick leave, employees may be invoking their right to no-questions-asked leave when you otherwise prohibit any excuses.  Such “no excuse” policies are common during snow events at businesses that must provide service – hospitals, property management companies, no-stop assembly lines. Think patients to be cared for, sidewalks to be cleared, machines that will seize without humans.
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An employee requested that she be permitted to leave work early every day due to her anxiety triggered by driving home in heavy traffic (those of us in major metropolitan areas would never survive!). When her demand was rejected and she ended up being terminated, Heather Trautman brought suit against her employer, alleging violations of the Americans with Disabilities Act, the Family Medical Leave Act, and related state laws, Trautman v. Time Warner Cable Texas, LLC.
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When a company relaxes its workplace policies to allow employees to openly display tattoos and use social media at work, does that mean it’s discriminating against older people? That question presumes that only younger people have tattoos and use social media (which is itself discriminatory!). But, in Wyss v. PetSmart, Inc., a 60-year old employee attempted to use her employer’s social media policy and permission to display tattoos and piercings as evidence of age discrimination!
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