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Employment Law

Lack of qualifications will sink bias lawsuit

01/03/2017
If it turns out that an employee who is suing you for bias was, in hindsight, unqualified for the job, count your blessings!

Beware demotion following disability leave

01/03/2017
Before you demote an employee who is returning from a lengthy medical leave, consider whether he might file and possibly win a disability discrimination claim.

Follow 5 rules and never fear a retaliation charge

01/01/2017
Want to know why retaliation claims turn out so well, so often, for angry employees? Look no further than basic human psychology, says attorney Deborah S. Adams of Frost Brown Todd LLC: “Juries ‘get’ retaliation claims.”

EEOC sues trucking firm, claiming ADA violations

12/29/2016
Stevens Transport, one of the nation’s largest refrigerated truck lines, faces charges it violated the ADA when it refused to hire an Air Force veteran with bipolar disorder who applied for a driving position.

Court won’t budge on 45-day bias claim deadline

12/29/2016
Federal employees have just 45 days to file a complaint about discrimination in the workplace.

You’re not expected to be an FMLA mind-reader

12/29/2016
Merely mentioning an illness isn’t the same as requesting FMLA leave.

Merely mentioning sick relative isn’t enough to constitute an FMLA request

12/29/2016
Before an employee can argue that her employer interfered with her FMLA rights, she has to have put the employer on notice that she needed leave.

Court: No ‘double-dipping’ between FMLA leave and unemployment benefits

12/29/2016
A Texas appeals court has ruled that an employee who was off on unpaid FMLA leave was not also eligible for unemployment compensation benefits.

Easy way to accommodate disability? Then do it–or risk a lawsuit!

12/29/2016
Stubbornly refusing to budge on a requested accommodation can cause an expensive and time-consuming lawsuit.

Document every ADA accommodation

12/29/2016
Employers that grant disabled workers more flexibility in work requirements need to make sure they document every ADA accommodation request and every accommodation decision.