by Dan Oswald Imagine you own a restaurant. It’s a small, cozy place that caters to families and has a great reputation not only for the food but also for the atmosphere. One evening, a customer comes in and orders that night’s special. When his entrée arrives, he takes issue first with the temperature and […]
Tag: United Airlines
United Airlines was within its rights when it decided to fire an employee who it determined had abused his Family and Medical Leave Act (FMLA) leave. He took 1 day of medical leave in the middle of a planned, 20-day vacation, after unsuccessfully trying to get coworkers to cover his shift, court documents show.
A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]
The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]
An $850,000 settlement was recently announced between United Airlines and the San Francisco office of the Equal Employment Opportunity Commission (EEOC), the proceeds of which will be paid out to a class of United’s disabled employees. The settlement resolves a case filed by the EEOC alleging that United’s overtime policies disproportionately denied disabled employees opportunities […]
Last week, the U.S. Equal Employment Opportunity Commission (EEOC) filed two separate lawsuits charging Denny’s Inc. and United Airlines with violations of the Americans with Disabilities Act. In one case, the EEOC alleged that Denny’s, which operates over 500 restaurants in 30 states, violated the rights of disabled workers by maintaining a maximum medical leave […]
It may come as a surprise that employers can now be sued if co-workers harass an employee who has made a workplace complaint. A recent Ninth Circuit Court of Appeals decision has broadened the liability of employers for retaliation to include not just supervisors’ acts, but also the hostile conduct of other employees. We’ll offer […]
It’s important to be extra careful when evaluating the abilities of an employee who was previously injured and wants to come back to work. Unless you carefully consider the individual’s current skills and recent medical reports, deciding that the worker can’t perform certain tasks can expose you to an expensive discrimination lawsuit for erroneously regarding […]
You can impose height or weight restrictions for certain jobs as long as they’re necessary to the normal operation of your business and don’t burden one sex more heavily than the other. And it’s OK to set standards governing appearance and dress if they’re applied fairly to both men and women.
The Americans with Disabilities Act requires you to try to reach an accommodation in cases involving mental or physical disabilities by engaging in an “interactive process” with an employee. But a recent case involving United Airlines highlights several missteps to avoid—and some specific measures to take—to satisfy the ADA.