Tag: Third Circuit

Does Banishing Scents Make Sense at Work?

It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues.

Safety Trumps Religion: Third Circuit Upholds Ban on Headscarves

The Third Circuit Court of Appeals (which covers Delaware, New Jersey, and Pennsylvania) recently upheld the district court’s decision to dismiss a complaint by three Muslim prison workers who were prohibited from wearing headwear at work. Facts Three female employees at GEO Group, Inc., a private company that was contracted to run the George W. […]

Medical Evidence, Lay Testimony Sufficient to Prove FMLA Claim

by Lauren E. Moak The Third U.S. Circuit Court of Appeals recently decided an issue previously unresolved by the court. In doing so, it held that a combination of medical evidence and lay testimony is sufficient to show an employee was “incapacitated” as defined by the Family and Medical Leave Act (FMLA). The decision overturned […]

Fair Pay Act Revives Police Employee’s Discrimination Claims

by Teresa A. Cheek The Third Circuit Court of Appeals recently issued a decision applying the Lilly Ledbetter Fair Pay Act — the first bill signed into law by President Barack Obama in January 2009. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination Facts Mary Lou Mikula was […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

Using Surveillance to Investigate Workers’ Suspicious FMLA Medical Claims

Employers face a real challenge in meeting client and customer needs when staff members take time off work under the Family and Medical Leave Act (FMLA) or ask for extensive disability accommodations under the Americans with Disabilities Act (ADA). But what’s already a difficult situation can become downright aggravating when you have reason to believe […]

Employee With Perfume Allergy Loses Discrimination Claim

(Updated October 2008) A federal appeals court affirmed the dismissal of a disability discrimination claim based on perfume sensitivity. It found that the employer reasonably accommodated the employee by taking various measures, including prohibiting perfume in the workplace. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including the Americans with […]