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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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…

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EEOC focusing on tough-to-prove age bias against older job seekers Recent high-profile cases alleging bias against older job applicants were based on campus recruiting programs and online recruitment campaigns, new territory for litigation. But the settlement this month between the U.S. Equal Employment Opportunity Commission (EEOC) and the Seasons 52 restaurant chain indicates that the more…

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