ADA’s Interactive Process Is a Two-Way Street
An employer that grants schedule adjustments that aren’t required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. Circuit Court of Appeals decision shows. Time Warner Cable Texas LLC hired the plaintiff in October 2012…
Read MoreThe Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit
In a decision that could have wide-ranging implications for all employers, the Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District…
Read MoreSecurity 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…
Read MoreGardner 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…
Read MoreMay 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…
Read MoreTips 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…
Read MoreEEOC 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…
Read MoreCourt Orders Plaintiff in FMLA Lawsuit to Produce Private Social Media Content in Discovery
In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District of Michigan in Robinson v. MGM Grand Detroit, LLC, Case No. 17-CV-13128 (E.D. MIch. 1/17/2019) illustrates well how an employer can demonstrate its right to…
Read More2019 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…
Read More7 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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