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Outback Steakhouse will pay $65,000 to a server it fired because of his traumatic brain injury, according to the U.S. Equal Employment Opportunity Commission. The payment will settle a lawsuit EEOC filed on the server’s behalf. The commission alleged that John Woods was fired after a new manager took over an Outback restaurant in Phoenix. Woods worked […]
There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]
Often, employees who believe they were fired because of their disability will show that they were replaced by an individual without a disability as evidence of discrimination. In one recent case, however, a district court has allowed a case in which a deaf teaching assistant — who was replaced by another deaf individual — to […]
To prevent the consequences from imprecise employee handbook language, employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]
An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]
In yesterday’s Advisor, we found out that veganism might be a religion. Today, religious schedule conflicts and accommodation, plus the best way to find out if your managers are following accommodation and other critical guidelines—the HR Audit. The EEOC guidelines state that an employer’s use of inquiries that tend to reveal an employee’s or applicant’s […]
If you thought the Church of Body Modification was stretching the bounds of religious accommodation, now we’ve got veganism to contend with, at least in one courtroom. A recent case in Ohio shows how far religious accommodation may be heading, says BLR legal editor Joan Farrell. In the case, a customer service rep in a […]
Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]
The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]
With March Madness nearly upon us, many employers across the United States will undoubtedly see NCAA basketball tournament ‘brackets’ at their workplace. Are these harmless fun or should employers be concerned? In this video, Mary Drexler, Executive Director for the Connecticut Council on Problem Gambling, tells BLR about the potential ramifications of problem gambling in […]