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Employment Law

Staffing patterns don’t prove workplace bias

08/03/2017
Some employees think that if they point out racial homogeneity in a particular office or function, they will be able to persuade a court that they have been discriminated against—even if they have no proof that anything bad happened to them.

When is telecommuting considered a reasonable ADA accommodation?

08/03/2017
Q. Our organization rarely if ever lets employees work from home. An employee in our marketing department is struggling with a disability and has asked to work from home as an accommodation. Would that be a reasonable accommodation?

How should staff conducting employment interviews accommodate deaf applicants?

08/03/2017
Q. The recruiting manager of our company is interviewing a deaf applicant for an open position. What should she keep in mind during the interview?

Doubt cast on spousal benefits for same-sex couples

08/03/2017
The Texas Supreme Court on June 30 threw out a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized same-sex marriage benefits.

Mandatory training isn’t act of discrimination

08/03/2017
It’s unusual, but sometimes workers claim that being forced to attend a training session was discrimination.

Got a good reason for firing? Then stick with it–or risk a lawsuit

08/03/2017
Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.

Judges know it just like we do: Sometimes work is annoying!

08/03/2017
Courts seldom give much weight to complaints about general disrespect, micromanaging supervisors or impossible workloads unless it is quite clear that those conditions are meant to punish protected activity or are reserved for members of a protected class while others aren’t targeted.

Late despite accommodation? OK to discipline

08/03/2017
What can you do about a disabled employee who has requested a late starting time as a reasonable accommodation—and still can’t manage to get to work on time? You can and should discipline her just as you would any other employee with attendance problems.

Wave of the future? Company offers to microchip employees

08/03/2017

A company in Wisconsin might be taking a bold step into the future—or a frightening turn down a dystopian path.

EEOC/OFCCP merger unites employment community–in opposition

08/02/2017
Creating a rare moment of unity, the Trump administration has offered a proposal on which virtually the entire employment community agrees. It wants to merge the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs. Almost everyone thinks this marriage is a bad idea.