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.
Laws & Regulations
Blacks Using the N-word = Illegal Harassment
By Fiona W. Ong on
Posted in Employment Discrimination, Laws & Regulations
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
By Fiona W. Ong on
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?
By Bryan M. O'Keefe on
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?
By Fiona W. Ong on
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
By Fiona W. Ong on
Posted in Employment Discrimination, Laws & Regulations
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…
Hugs and Kisses Are Not Sexual Harassment
By colinglynn on
Hugging and kissing are not typically considered professional conduct in the business world (unless you’re from France) – but is it harassment? A recent federal case, Lozosky v. Keystone Business Products, Inc., provides support for that most sophisticated of legal defenses, “It’s not harassment, your Honor. It’s European.”
Patricia Lozosky was employed by…
Caffeine Withdrawal a Psychiatric Disorder- Seriously?
By Fiona W. Ong on
I often say (only somewhat flippantly) that we are all disabled, but the newly released fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) seems to really go out of its way to make that point. The DSM-5, which is produced by the American Psychiatric Association, serves as the authoritative guide on…
EEOC Says Gender Identity and Transgender Status Protected by Title VII
By Fiona W. Ong on
Posted in Employment Discrimination, Laws & Regulations
As sexual orientation becomes more mainstream (not that I’m saying it’s accepted everywhere, by any means), gender identity issues are getting attention in our society. Think of Bradley/Chelsea Manning, for example – his gender identity change added a crazy twist to an already juicy story about betraying our country. When someone chooses to identify with…