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We are often asked by employers this question: when can they require an employee to take a medical or psychological examination?
It is essential employers prohibit the use of biased slang or slurs in the workplace. This is true whether the discriminating words relate to age, race, religion, gender, natural origin, disability or any other protected class.
Employers make numerous decisions relating to employees: hiring, promotion, termination, etc. At least the hiring and promotion decisions require the employer to choose between two or more applicants/candidates.
We have noted several times it is of great importance to employers to completely and accurately document performance problems. The consequence of not doing so was apparent in a recent case.
Indiana is in the minority of states which, on a limited basis, permits employees to carry firearms to work.
In prior articles, we have noted that when an employee raises a discrimination claim (age, race, national origin, etc.), the employer can defend itself by establishing a legitimate non-discriminatory reason for the decision. When this occurs, the employee must establish that the stated reaso…
Employers face two potentially inconsistent requirements. First, they are mandated to consider each employment decision by doing an individualized assessment of each individual, considering the facts which are unique to that person.
Most college students are off for the summer. Some can work, perhaps in the work segments they hope to enter. Others may seek summer internship, a program which may be attractive to employers.
To maintain a claim under the Americans with Disability Act, a plaintiff must establish he has a disability. A disability may include a physical or mental impairment that substantially limits one or more major life activities.
As we have noted on previous occasions, Title VII prohibits sexual discrimination. By far, the majority of the claims are brought about by female employees against their employers.
The number of claims of religious discrimination has grown significantly over the past several years. Within these claims are those relating to an applicant’s or employee’s dress or grooming.
It’s Wednesday afternoon. I have my telephone calls on hold and I’m trying to figure out how I have done so poorly on my NCAA tournament brackets (Villanova, what did I do to you?)
In the past, we have discussed the Uniformed Services and Reemployment Rights Act, also known as USERRA.
There are several important concepts within the Americans with Disabilities Act, or ADA.
The Better Government Association recently reported on an employment-related case, which is worth reviewing.
Should women be paid the same wages as men for equal work? Should women be paid the same wages as men for jobs that require equal skill, effort and responsibility – or that are performed under similar working conditions?
We have previously discussed age discrimination claims. To support a claim, the employer can present direct evidence and/or circumstantial evidence of discrimination.
The Fair Labor Standards Act addresses the topics of using trainees and training existing employees. Both concepts are rule driven.
As we have noted in the past, Title VI prohibits employers from discriminating against any individual with respect to compensation, terms, conditions or privileges of employment based on that individual’s race.
The compensability of meal and break periods is covered by the Fair Labor Standards Act. Three basic rules apply.
Sometimes, it seems like the sports section is more like a legal update. Recently, you may have followed the story about the Miami Dolphins.
Some, but not all, of the discrimination statutes we have discussed have required employers, in some circumstances, to provide reasonable accommodations to their employees.
Under current law, there are two ways a plaintiff may prove her discrimination claim: the “direct” and “indirect” methods of proof. Under the direct method, a plaintiff must provide either direct or circumstantial evidence that the employer had a discriminatory motivation.
Usually, we discuss one case per article. Today, we deviate from the norm by discussing three different matters:
When accused of discriminating against an employee in a protected class (gender, race, etc.), an employer defends by asserting a legitimate non-discriminating/non-retaliatory business reason for its decision.
The Pregnancy Discrimination Act, or PDA, prohibits discrimination based on “pregnancy, childbirth or related medical conditions.”
There has been an increase in cases under the Fair Labor Standards Act, known as the FLSA. This is of concern to employers for several reasons, not the least of which is that the FLSA applies to almost every employer.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of religion. The law requires a covered employer to provide a reasonable accommodation for an employee’s request to participate in a religious observance or practice if an accommodation would not ca…
The Pregnancy Discrimination Act prohibits discrimination based on “pregnancy, childbirth or related medical conditions.”
In our last article, we analyzed two cases which addressed the creation of a hostile work environment. One more case in this trilogy adds additional insight on this issue.
The law does not guarantee a perfect workplace. Courts do not want to be super-human resource departments, potentially reviewing every slight felt by employees.
As noted in the past, federal law prohibits employment discrimination based on religion.
One given principle of the Americans With Disabilities Act provides that employee medical information obtained from “medical examinations and inquiries” must be treated as a confidential medical record. The issue is what is an inquiry?
In order to be protected under the Americans With Disabilities Act, the employee must be able to perform the essential functions of the job, with or without reasonable accommodations.
Under the Family and Medical Leave Act, a covered employer must give a qualified employee FMLA leave to care for the employee's family member(s) with a serious health condition.
In previous articles, we have discussed the Uniformed Services Employment and Reemployment Rights Act. A recent case held that under USERRA, an employer can terminate a returning veteran.
Pursuant to the Americans With Disabilities Act (ADA), in order to be protected, the employee must be qualified to perform the duties of her job.
Retaliation claims are on the rise. They occur when a person exercises a protected right, only to then suffer an adverse employment action. Consider this case under the Fair Labor Standards Act, or FLSA:
In our last article, we discussed age discrimination claims. Today, we will examine one key defense available to employers.
As the workforce ages, we can expect to see an increase in age discrimination claims in the workplace. A recent case shows how these claims can arise.
We have focused on the Americans With Disabilities Act over the past few articles. As previously noted, perhaps the most difficult issue for employers under the ADA relates to the extent an employer must permit an indefinite leave as a reasonable accommodation.
In our last article, we discussed whether transferring a qualified disabled employee to a vacant job position was a required reasonable accommodation under the Americans With Disabilities Act.
Reasonable accommodations are at the heart of the Americans With Disabilities Act.
We have often discussed the far-reaching impact of the Americans With Disabilities Act. A recent case highlighted one of the few restrictions on its scope.
Under the Americans With Disabilities Act, or the ADA, an employee with a disability must be able to perform the essential functions of her job, with or without accommodations. Determining a job's "essential functions" can be critical.
As we have noted in the past, perhaps the most challenging task for employers is to successfully maneuver through the relationship between the Family and Medical Leave Act, or FMLA, and the Americans With Disabilities Act, or ADA
The Family and Medical Leave Act is one of the most difficult statutes for employers to work with.
As we have noted in the past, employees can allege hostile work environment claims based on race or national origin.
Assume a female employee believes she is paid less than a male employee who performs substantially equal work under similar working conditions. Does the female have a claim against the employer?
Immigration reform has been a hotly contested issue. President Obama's recent executive order further focused attention on the status of individuals who are illegally in the United States.
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