Author: Dan Oswald

Dealing with bad calls

When things don’t go as planned

If you’ve read many (any?) of my writings, you may have gathered that I’m a sports fan and often use sports-related stories to make a point. This week is no different. Earlier this NFL season, I, like many football fans, suffered through the debacle that was the replacement referees. I’m sure you recall those ill-prepared […]

Finding work-life balance in a workforce with diverse needs

by Tammy Binford Work-life balance gets a lot of buzz in the workplace. Everyone is concerned about being productive at work while saving time for other important parts of life. Just the term work-life balance can invoke an image of employees teetering on a tightrope, with career, family, friends, hobbies, and other interests pulling from […]

Reassignment as a reasonable accommodation under the ADA

by Burton J. Fishman Of the many contentious accommodation issues under the Americans with Disabilities Act (ADA), perhaps the most hotly debated is whether reassignment to a vacant position is a reasonable accommodation. Although the ADA lists “reassignment” as a possible accommodation and the Equal Employment Opportunity Commission (EEOC) supports that position, many courts have […]

Say what? Asking employees to take language classes

by Brad Cave Q: Will I be in violation of federal discrimination laws if I provide an “English as a second language” (ESL) employee English language training at the company’s expense? A Any possible discrimination charge under Title VII of the Civil Rights Act of 1964 would be based on national origin. The Equal Employment […]

Faithfully expecting: religious accommodations and employer-mandated vaccination policies

An “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that employers should carefully weigh religious objections by pregnant employees, specifically in the context of employer-mandated vaccination policies. Background In February 2012, a healthcare provider wrote the EEOC requesting a formal interpretation of the application of Title VII of the Civil Rights Act […]

Breaching duties and cashing checks: An employee’s entitlement to bonuses after termination

by Marisa Victor and Christopher Copeland Can a Canadian employee who is fired for cause sue for outstanding bonuses? What about if those bonuses relate to the period of the employee’s wrongdoing? This was the issue in Mady Development Corp. v. Rossetto, when a terminated executive sought to claim his bonuses for a period when […]

Who let the dogs out?

by J. David Kutch A Palm Beach State College (PBSC) student received permission from the school to use a service dog trained to help her deal with the effects of her psychiatric disorders. However, she failed her classes and was escorted off the campus at times, apparently because two offices at the school had different […]

New Oklahoma law allows ammo in locked cars parked at work

by Charlie Plumb An Oklahoma law going into effect on November 1 allows employees to store ammunition in their locked vehicles parked at work. A key aspect of Oklahoma’s Self-Defense Act allows people with valid gun licenses to carry handguns openly as well as concealed weapons in many public places. But another part of the […]

Employee temper tantrums, resignations, and the law

Employers generally go to great lengths to retain valued employees. They know the benefits of keeping good, experienced people and avoiding the costs of recruiting and training new hires. Sometimes, though, the words “I quit” are music to an employer’s ears. A problem employee out the door seems like a problem solved. But is it? […]

Performing an EPA checkup

by Sophie E. Zdatny Equal pay for equal work may seem like a no-brainer, but the gender pay gap is still with us almost 50 years after the passage of the Equal Pay Act (EPA) in 1963. Nationally, women earn 77 cents for every dollar earned by men. The Vermont Attorney General’s Office (AG) and […]