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Discrimination / Harassment

Brief medical episode isn’t an ADA-covered disability

12/07/2015
A brief, transient medical episode that quickly resolves, leaving a worker as well as before the incident, isn’t a disability and doesn’t mean the employee is covered by the ADA or its later amendments.

When can an employee’s transfer be considered illegal retaliation?

12/07/2015

To bring a case of retaliation for complaining about discrimination or harassment, employees must show that they suffered some sort of “adverse employment action” in response to their complaint. That’s easy if the employee is demoted, fired or transferred to a less desirable position. But what if the worker experiences more subtle retaliation, like having to do more work or being transferred to a potentially better position that doesn’t pan out?

EEOC sues amusement park in Austin for disability bias

12/07/2015
An Austin. TX.-area amusement park allegedly took a developmentally disabled janitor for a ride then booted him out of his job. According to an EEOC lawsuit, the man had worked for the company satisfactorily for four years despite having suffered a traumatic brain injury as a child.

EEOC netted $525 million for bias victims in FY2015

12/04/2015
The EEOC achieved record results in its enforcement efforts during fiscal year 2015, which ended Sept. 30.

Proof required to support discrimination claim

12/01/2015
Just because a fired worker and his boss are of different races doesn’t mean discrimination has occurred.

Petty annoyances aren’t reason enough to sue

12/01/2015
Some employees seem to believe they are owed a perfect workplace, free of all stress. They’re wrong.

Act fast to address employee’s request for ADA disability accommodation

12/01/2015
Never indefinitely delay addressing a disability accommodation request. In fact, you should make a decision as quickly as possible so the employee can’t accuse you of failure to accommodate through inaction.

Single comment not enough to form basis of discrimination lawsuit

12/01/2015
A single, isolated comment—especially if the speaker isn’t a co-worker or supervisor—isn’t sufficient grounds for alleging discrimination. Complaining about it doesn’t amount to protected activity.

How not to handle harassment against a man

12/01/2015
Consider this central Pennsylvania case that is going to trial soon. A judge has concluded that not only can a man be sexually harassed, but he may be due punitive damages for his suffering.

What’s harassment? Courts will look at view of a ‘reasonable person’–not the employee

11/30/2015
Sensitive workers may perceive everyday interactions as harassment. But courts don’t measure whether workplace hostility exists based on that employee’s subjective assessment of the situation. Instead, a court will focus on how a hypothetical “reasonable” employee would view it.