Tag: discrimination

What are ‘Ban the Box’ Laws?

“Ban the box” refers to the initiatives, which have gained widespread traction, by which laws are put into place that prohibit employers from asking questions of applicants regarding previous criminal history (and discriminating against them on the basis of their answer) too early in the hiring and recruiting process. These types of initiatives have been […]


Job Description Can’t Do the Heavy Lifting in Determining Employee’s Essential Functions

The 6th Circuit recently overturned a lower court’s dismissal of an employee’s disability and age discrimination claims and sent the case back for trial. The employee, who is unable to lift more than 35 pounds because he has scoliosis, was discharged after nearly 40 years on the job when his supervisor discovered that his condition […]


FMLA: California Employer Put Up with Performance, Attendance Issues Long Enough

Recently, a California employee sued her employer, claiming, among other things, that it discriminated against her because of her disability and failed to engage in the interactive process with her. The trial court dismissed her claims, and she appealed. This case exemplifies how an employer’s patience in providing reasonable accommodations pays off.


California Employee’s Inability to Return to Work Dooms Disability Case

by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]


Walmart to Pay $7.5 Million to Settle Same-Sex Benefits Discrimination Suit

Under a proposed settlement agreement filed with the U.S. District Court for the District of Massachusetts, retail giant Walmart has agreed to settle a class action lawsuit alleging that it discriminated against gays and lesbians in the administration of its spousal health insurance benefits. The proposed settlement, filed December 2, 2016, must still be approved by Judge William G. Young before becoming final, which could take a few weeks.

Sexual Orientation

EEOC Seeks Input on Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new antiharassment guidance January 10 and is seeking input from the public. It will accept comments until February 9.


Pros and Cons of ‘Friending’ Employees Online

As an HR professional, likely there will be many times when you’ll be called upon to mediate or help to resolve personnel issues. This may be something as simple as a misunderstanding or it may be a much more serious issue, like discrimination or harassment, or anything in between.