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Posts by Joe Boone

Security Guard Unable to Walk Patrol Seeks Accommodation

A security guard’s claim of failure to accommodate under the Americans with Disabilities Act (ADA) could proceed to trial despite his physical inability to perform walking patrol rounds, a federal district court decided. The plaintiff was employed by Covenant Security Services as a security officer at the facility of its customer, Kimberly-Clark. The plaintiff testified…

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Gardner v. CLC of Pascagoula, LLC -What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses harassed by their dining customers; casino dealers suffering harassment from gamblers at the table; and vendors being harassed by clients they visit onsite for…

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May an Employer Terminate a Disabled Employee for Excessive Absenteeism?

The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…

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Tips For Drafting Job Descriptions for Exempt Employees

Each year, droves of employers are hauled into court to defend lawsuits in which salaried-exempt employees claim that, because of their job duties, they should have been classified as non-exempt and paid overtime. While a written job description alone cannot defeat such a claim, it will nearly always be one of the primary exhibits in…

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EEOC Announces Extension of EEO-1 Opening, Filing Deadlines

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will extend the deadline for filing 2018 EEO-1 reports from March 31, 2019 to May 31, 2019. The survey, which usually opens in early January, will now open in early March of this year. This one-time extension was occasioned by the recent partial shutdown…

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2019 Workplace Immigration Outlook Indicates More of the Same

U.S. Supreme Court punts on DACA decision, leaving the program in place for now The Trump administration’s policies on employment-based immigration will continue to stymie organizations seeking to hire foreign national talent in 2019. The new year will likely be defined by: More technical interpretations of current policies, restricting eligibility for employment visas. Proposed rules…

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7 Policies to Update in Your 2019 Employee Handbook

Handbooks are a key asset for communicating company policies and promoting fairness and consistency in the workplace, and ever-evolving federal, state and local laws make routinely reviewing and updating handbooks critical for employers. 2018 proved to be a busy year, particularly at the state and local levels as new and amended employment related laws took…

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Immigration Worksite Enforcement Surged in 2018

Immigration worksite investigations, Form I-9 audits and employee arrests spiked in fiscal year (FY) 2018 compared to the previous year, according to U.S. Immigration and Customs Enforcement (ICE) data. Worksite investigations rose by more than 300 percent, and the agency set 10-year highs for the number of I-9 audits conducted and criminal charges filed. President…

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Employer Satisfied ADA by Granting Requested Accommodation

A Texas school district met its obligation to engage in the interactive process under the Americans with Disabilities Act (ADA) by granting an employee’s only requested accommodation, according to a federal district court. The Sweeny Independent School District employed the plaintiff as special programs coordinator from 2001 until August 2016. The plaintiff requested and took…

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