Practical HR Tips, News & Advice. Updated Daily.
Federal judges are required to reduce jury verdicts in discrimination cases brought under Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) if a jury awards more than is permitted under federal caps. But a bill now pending in Congress, the Equal Remedies Act of 2024, would end […]
Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of his disability. The court of appeal used two different standards to decide that part of his claim can proceed, and part could not go forward. Scientist […]
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.” Airgas USA Sued for Disability Discrimination Over Employee’s Hemp Use In Fisher v. Airgas USA, LLC, Fisher was an operation technician who used power tools, worked […]
When an employee comes to you with a proposed job modification to accommodate a health condition, consider the requested accommodation. But remember: You can offer a different accommodation that addresses the employee’s health condition but doesn’t pose the operational challenges the employee’s requested accommodation would cause. That’s the route UPS took with one of its […]
The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy.
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide […]
In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New York State Human Rights Law (NYSHRL). Read on to understand what this decision means for your business and why it is normally always […]
A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat the customer because of her unfamiliarity with their dog and a history of other customers […]
It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review. Using software to review applicant […]
Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]