BUSINESS LAW: Attendance as essential function is employers' duty to prove

By James L. Jorgensen Times Business Columnist

Common sense would seem to suggest regular attendance is an essential function of every job. This is an important concept.

BUSINESS LAW: Criminal background checks

By James L. Jorgensen Times Business Columnist

Surveys suggest a substantial percentage of employers routinely use criminal background checks when hiring new employees. The Equal Employment Opportunity Commssion has just issued new guidelines, which limit this use.

BUSINESS LAW: Post-employment claims

By James Jorgensen Times Business Columnist

In previous articles, we have discussed the application of the discrimination laws to the workplace. These laws protect applicants for employment, as well as employees.

BUSINESS LAW: Overtime and the ADA

By James Jorgensen Times Business Columnist

As we have noted in prior articles, the Americans With Disabilities Act protects qualified individuals with a disability. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major li…

BUSINESS LAW: Promotions and discrimination claims

By James Jorgensen Times Business Columnist

The various discrimination statutes we frequently discuss extend to promotion decisions. This will potentially be the case when a member of a protected class is passed over for a promotion in favor of an employee who is not in a protected class.

BUSINESS LAW: Email comments can influence litigation outcome

By James Jorgensen

We have often pointed out how a single comment can influence the outcome of workplace litigation. This is especially true when the statement is memorialized in an email.

BUSINESS LAW: Defending discrimination complaints

By James Jorgensen Times Business Columnist

More than ever, discrimination–based complaints are being raised in the workplace. In each instance, the key determination may focus on the conduct of either a co–worker, a supervisor, or a third party.

BUSINESS LAW: Application of policies may have discriminatory impacts

By James Jorgensen Times Business Columnist

The federal discrimination laws, and the Equaly Employment Opportunity Commission in the enforcement of them, prohibit discrimination based on disparate treatment and disparate impact.

BUSINESS LAW: Comments do count

By James Jorgensen Times Business Columnist

In employment discrimination cases, comments made by the employer's representatives often play an important role. This was true in two recent cases.

BUSINESS LAW: Timing can be everything in retaliation claims

By James L. Jorgensen Times Business Columnist

In a typical retaliation case, an employee will claim an adverse employment decision, often termination, was in retaliation for the employee having exercised a protected right.

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