I know that the amendments to the Americans with Disabilities Act (ADAAA) were intended to expand coverage of the Act, but sometimes I think the extent of the expansion is just ridiculous. This was highlighted for me in a recent case, EEOC v. Staffmark Investment LLC, in which the court found that an employee
Laws & Regulations
“Maxiflex” Schedule May Be Reasonable Accommodation
By Fiona W. Ong on
Posted in Laws & Regulations, Reasonable Accommodation
This case caught my eye because I’ve never seen the term “maxiflex schedule” before. It sounds so…well, extensive and overwhelming. I’m sure that’s what the employer in Solomon v. Vilsack thought when it denied the employee’s requested accommodation for this type of schedule, which involves substantial flexibility in working hours. The trial court stated that…
Don’t Just Drop Those FMLA Notices in the Mailbox!
By Fiona W. Ong on
As (most) FMLA-covered employers know, once an employee requests Family and Medical Leave Act Leave, there are certain notices that are required. You have to provide the employee with an Eligibility Notice and a Rights and Responsibilities Notice within five business days of the request for leave, and once the employee has submitted enough information…
New Executive Order = New Burdens for Government Contractors
By Eric Hemmendinger on
On July 31, 2014, the President issued an Executive Order entitled, “Fair Pay and Safe Workplaces,” which will make an employer’s record of compliance with federal and state labor laws a criterion for successful bidding on government contracts and subcontracts exceeding $500,000. In a Fact Sheet accompanying the Executive Order, the White House…
Employers Get to Set the Schedule – Really!
By Fiona W. Ong on
Sometimes it feels like employees have so many rights, they get to choose what they will do and when they will do it. This may be true to some extent if the employee is entitled to a schedule adjustment as a reasonable accommodation for medical needs (American with Disabilities Act) or religious needs (Title VII),…
And Now a Slap for the DOL
By Fiona W. Ong on
Posted in Laws & Regulations, Litigation
Employers are on a roll lately! All too frequently they are unfairly targeted by others – whether a plaintiff or a government agency – and vindication is all too rare. As many of you sadly know, it is usually cheaper to settle a (meritless) claim than to fight. So I hope you enjoy it as…
Harassment for Not Being Sexually Loose, Promiscuous and Predatory?
By Fiona W. Ong on
Posted in Laws & Regulations, Sexual Harassment
Courts have recognized same-sex harassment claims based on a failure to conform to gender stereotypes – such as when a male plaintiff is harassed for being effeminate or exhibiting traditionally feminine characteristics (see my prior blog post on harassment of a male ironworker because of his use of Wet Ones instead of toilet paper!). In…
FMLA, ADA and Fitness for Duty Examinations
By Fiona W. Ong on
When an employee comes back from Family and Medical Leave Act leave with a fitness-for-duty (FFD) certification from his health care provider in hand, many employers still require the employee to undergo a separate FFD examination by the employer’s own health care provider or employee health office before allowing the employee to return to work. …
After-Hours Sexual Harassment Requires Overtime Pay
By Fiona W. Ong on
There are many sexual harassment cases, but this one, Malphurs v. Cooling Tower Systems, Inc., really caught my attention: The plaintiff claimed that the owner of the company often made her work late so that he could sexually harass her when they were alone. These late hours were overtime, but the owner allegedly refused…
Employers Can Be Liable for Harassment by Outsiders
Employers (most of them, anyway) understand that they must protect their employees from harassment by their co-workers or supervisors. A recent case, Freeman v. Dal-Tile Corp., provides a reminder that they must also protect their employees from harassment by outsiders.
The employer, Dal-Tile, did a significant amount of business with another company, VoStone. The…