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Systemic investigations, hiring scrutiny and pregnancy discrimination are among the trends at the U.S. Equal Employment Opportunity Commission that employers should be looking out for in the coming year, according to attorneys at Littler Mendelson PC. A report issued by Littler analyzes and examines key statistics from the EEOC’s Performance and Accountability Report for fiscal […]
For fans of Southeastern Conference football (and, I mean, who isn’t, right?), the name “Eric Berry” is one you don’t easily forget. Berry made his presence known as a defensive back for the Tennessee Volunteers from 2007-2009. Even though he played only three seasons in college, he was twice named a Defensive All American by […]
by Hannah Roskey The Alberta Court of Appeal recently released its decision in Stewart v. Elk Valley Coal Corporation, a must-read for Canadian employers dealing with employee addiction issues. In lengthy reasons, a majority of the court agreed that there was no discrimination when an employee under the influence of cocaine was fired following a […]
A recent appeals court opinion illustrates that an employer that acts “reasonably” often will be in compliance with the Americans with Disabilities Act. The 7th U.S. Circuit Court of Appeals found that an employer had fulfilled its duties under the ADA by providing an effective accommodation to an employee with a disability, even though it […]
An employer is not required to alter its attendance policy to allow erratic, extended and indeterminate leave as a “reasonable accommodation,” according to a federal district court in Texas. Accordingly, the employer did not violate the Americans with Disabilities Act when it fired an employee for violating the company’s attendance policy, the court ruled in […]
A law firm did not violate the Americans with Disabilities Act by terminating an assistant who could no longer perform heavy lifting, a federal appeals court ruled. Heavy lifting was an essential function of the employee’s job and her inability to do so could not reasonably be accommodated, the 4th U.S. Circuit Court of Appeals […]
What if an employer interested in improving the health of its employees—and reducing its health insurance premiums—could slap a device on workers to show statistics on physical fitness? Not only could the people participating in an employer-sponsored wellness program track their own progress, the employer also could see just how hard participants in its program […]
Employers are not required to grant an employee’s desired accommodation, the 2nd U.S. Circuit Court of Appeals has confirmed. Instead, they need only provide one that is effective. The court reached that conclusion in Noll v. IBM, No. 13-4096-cv (2nd Cir. May 21, 2015) when it determined that IBM had accommodated a deaf employee by […]
With the NBA and the NHL heading into the playoffs and Major League Baseball’s 2015 season underway, one might think that the NFL would have a hard time breaking onto page 1 of the sports section these days. (For younger readers, that was a reference to something we used to call a “newspaper.”) Not so! […]
The human resources department often finds itself in the position of mediating disagreements about thermostat settings, noise levels, perfume sensitivities, and an array of other workplace issues. But when employee preferences—or even prescriptions—intersect with the law, the job gets more challenging. Recently a group of attorneys was asked whether an employee’s use of aromatherapy at […]