Tag: Circuit Court

age discrimination

Was CEO’s ‘New Face’ Comment a Mask for Age Discrimination?

“Peter,” a senior information technology (IT) director of a retail order fulfillment company, was terminated when his position was eliminated in an IT department restructuring. Was the CEO’s statement that the company wanted a “new face” enough for Peter to establish direct evidence of age discrimination?


Single Racial Slur Can Establish Harassment Claim in 3rd Circuit

Recently, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—ruled that to establish a claim of workplace harassment under the civil rights statute known as Section 1981, the discrimination need only be “severe or pervasive,” which can be satisfied by a single racial slur when it’s so extreme that it “amount[s] […]


Disabilities: Employers Must Listen Carefully to Requests for Accommodations

By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]

Timing Is Everything: Returning Employees to Work After FMLA Leave

By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.

Can a Reasonable Accommodation Be Retaliatory Under the FMLA?

By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]

5th Circuit: Mandatory Wellness Programs Are Compatible with GINA

By Martin J. Regimbal, JD The U.S. 5th Circuit Court of Appeals—which covers Texas, Louisiana and Mississippi–recently addressed the interplay between the Genetic Information Nondiscrimination Act (GINA) and mandatory wellness programs. The court considered an employee’s discrimination and retaliation claims and reached a commonsense conclusion regarding the lawfulness of mandatory wellness programs.