ADA
Court 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 MoreEmployer 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…
Read MoreOne Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim
Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach, Florida. There is a veritable cottage industry of plaintiffs who bring claims against businesses, even those they have…
Read MoreCan You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole
In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…
Read MoreTaking Advantage of Your Summer Break – Revisit, Refresh, and Review
Handbooks. The mere mention of the company handbook typically sends HR professionals into a furious search for any project other than the company handbook. Sorry, I can’t work on the company handbook, I have to watch the paint dry in my office. For this reason, beyond passing them off during perfunctory onboarding, handbooks typically get…
Read MoreIs ‘I’ve Changed Meds’ an Accommodation Request?
An employee who’s questioned about fighting with co-workers, sudden tardiness or a dip in performance may explain, “I’ve changed medications. Even an assertion this simple should be treated as a notice from the worker that a reasonable accommodation might be needed under the Americans with Disabilities Act (ADA). A worker doesn’t have to use any…
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