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A new Ninth Circuit Court of Appeal ruling highlights that you can’t threaten an employee with discipline, demotion, or discharge for exercising their rights under the Americans with Disabilities Act, including the right to an accommodation. Employee Taken Off “On-Call” Duty Brenda Brown was a Tucson, Ariz., police detective in the neighborhood crimes unit. When […]
One of your employees has been copying pornographic images off the Internet and showing them to coworkers. Another has been distributing racist jokes through company e-mail. And others have downloaded some hot new software onto their office PCs, violating federal copyright laws. It’s bad enough these employees are surfing the Net instead of working. But […]
Paula Green, who was hired by the Ontario office of Par Pools as a swimming pool construction superintendent, complained that her $400-per-week salary was lower than the salaries paid to male construction superintendents with jobs identical to hers. She sued Par Pools under the California equal pay law. But a California Court of Appeal dismissed […]
More large companies are implementing gay- and lesbian-friendly policies in the workplace, according to a report just released by the Human Rights Campaign. This year, 21 companies, in contrast to 11 last year, received a perfect score on the campaign’s “Corporate Equity Index,” which measures how certain Fortune 500 or Forbes 200 companies treat employees […]
When business demands send employees around the world, employers face a range of unique safety concerns—political unrest, illnesses such as SARS, and even unfamiliar local customs. And as an employer, you’re expected to extend your umbrella of care as far as your employees go. Although it’s impossible to plan for all possible contingencies, here’s a […]
Bernard Lopez was an employee of Applied Technology Associates (ATA), which provided contract computer services for the Navy. Lopez sued the Navy, charging that it violated the disability accommodation requirements of the Rehabilitation Act, which is similar to the Americans with Disabilities Act, when it turned down ATA’s request for a handicap parking permit for […]
In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family […]
After four years of exemplary employment, John Byrne, an Avon Products Inc. engineer, began to fall asleep on the job and was fired. It turned out he was suffering from depression. He was quickly hospitalized and recovered. Byrne charged in a lawsuit his termination violated the Family and Medical Leave Act because his abrupt change […]
Suppose an employee’s medical condition prevents them from performing their job. Instead of exploring whether a reasonable accommodation is available, you terminate the employee. And, not surprisingly, you wind up with a disability-bias lawsuit on your hands. But what if it turns out the employee wasn’t disabled in the first place? Can you still be […]
Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]