Jonathan Crotty on Corporate Counsel

EEOC Sues Employer for Requiring That Epileptic Employee Take Medication as a Condition of Continuing Employment

On occasion, an employee’s medical condition may cause employers concern over that person’s ability to operate heavy machinery or otherwise to work in a hazardous environment. For example, an employee with epilepsy has...more

9/28/2015 / Americans with Disabilities Act (ADA) , Corporate Counsel , Employer Liability Issues , Enforcement Actions , Equal Employment Opportunity Commission (EEOC) , Manufacturers , Workplace Hazards

Employer Not Required to Accommodate Inability to Work Predictable Hours

In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more

9/8/2015 / Americans with Disabilities Act (ADA) , Attendance , Coast Guard , Corporate Counsel , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Essential Functions , Popular , Public Employees , Reasonable Accommodation

NLRB Says Letting Co-Worker Know About Job Posting is Protected Activity Under Federal Labor Law

Last month, the National Labor Relations Board continued its expansion of legal protections for employees in non-unionized workplaces. In a 2-1 decision, the Board concluded that Section 7 of the NLRA prohibits employers from...more

5/22/2015 / Corporate Counsel

ALJ Nixes Hospital's Broad English-Only Rule Under NLRA

For years, the Equal Employment Opportunity Commission has cautioned employers against adopting strict English-only rules in the workplace. The EEOC considers such policies to constitute race and/or national origin...more

4/17/2015 / Corporate Counsel , Employer Liability Issues , English-Only Rules , Equal Employment Opportunity Commission (EEOC) , National Origin Discrimination , NLRA , Race Discrimination , Section 7

Fourth Circuit Says Social Anxiety Disorder Is ADA Disability

The ADA Amendments Act substantially broadened the definition of protected disabled persons under federal law. Prior to ADAAA, federal courts routinely dismissed disability discrimination claims on the basis that the claimed...more

3/20/2015 / ADAAA , Corporate Counsel , Disability Discrimination , Employer Liability Issues , Reasonable Accommodation , Social Anxiety Disorder , Wrongful Termination

Fifth Circuit Recognizes Color Discrimination Claim Even in the Absence of Evidence of Race Discrimination

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race or color. In most situations, these two protected classifications are interchangeable, with discrimination on the basis of color...more

2/16/2015 / Casinos , Corporate Counsel , Discrimination , Race Discrimination , Title VII

Sixth Circuit Says Ineligible Employee May Still Enjoy FMLA Leave Rights Based on Estoppel Argument

The Family and Medical Leave Act only provides job protected leave rights to eligible employees. Among other eligibility criteria, an employee claiming entitlement to FMLA leave must work at a location with a minimum of 50...more

2/7/2015 / Corporate Counsel , Eligibility , Estoppel , Family and Medical Leave Act (FMLA) , Negligent Misrepresentation , Paid Leave , Split of Authority

Plaintiffs' Class Action Claims Target Background Checks

Earlier this week, the arts and crafts retailer Michael’s Stores, Inc. received notice of a new class action lawsuit challenging its use of applicant background checks. The lawsuit alleges that the retailer failed to provide...more

1/16/2015 / Background Checks , Class Action , Corporate Counsel , Criminal Background Checks , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Michaels , Retailers

FMLA Does Not Require Employer to Agree to Altered Work Schedule or Work From Home

The Family and Medical Leave Act requires employers to provide job-protected leave to eligible employees. Sometimes, employers receive FMLA requests from employees that involve shifts to the working schedule or other measures...more

12/19/2014 / Corporate Counsel , Employee Rights , Family and Medical Leave Act (FMLA) , Popular , Reasonable Accommodation

Employees' Different Approaches Toward Salary Negotiations Does Not Justify Disparate Pay

Federal agencies and the media have paid a great deal of recent attention to the continuing disparities in salaries between male and female employees. Some experts have argued that part of this disparity is based on different...more

12/19/2014 / Contract Negotiations , Corporate Counsel , Disparate Treatment , Employer Liability Issues , Equal Pay , Hiring & Firing , Negotiations , Wages

EEOC Legal Counsel Says Blanket Policy Prohibiting Alcoholic Employees From Drinking Could Violate ADA

Here is a common workplace scenario: An employee tests positive for use of alcohol following a random screening. As a condition of continuing employment, the employee consults with the company’s EAP, which informs the...more

10/27/2014 / Alcohol Testing , Americans with Disabilities Act (ADA) , Corporate Counsel , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC)

EEOC Sues Two Employers for Terminating Transgendered Employees

Last week, the Equal Employment Opportunity Commission filed two potentially landmark lawsuits against employers accused of terminating employees undergoing gender reassignment procedures. The EEOC alleges that the...more

10/6/2014 / Corporate Counsel , Discrimination , Employee Rights , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Gender Identity , Termination , Transgender

Fifth Circuit Says Community Service Can Be Protected Religious Practice

Title VII requires employers to accommodate employees’ religious beliefs and practices. Understandably, courts are reluctant to make judicial determinations as to what are and what are not sincere religious activities. Last...more

9/30/2014 / Appeals , Community Service , Corporate Counsel , Employer Liability Issues , Protected Activity , Reasonable Accommodation , Religious Exemption , Title VII

Federal ALJ Finds Standard Employee Confidentiality Agreement Language to Violate NLRA

Earlier this month, attorneys for the National Labor Relations Board continued their legal assault on common employment policies and procedures. In MUSE School CA, a federal administrative law judge agreed that an employee...more

9/30/2014 / Confidentiality Agreements , Corporate Counsel , Employer Liability Issues , NLRB , Protected Concerted Activity

Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with...more

9/15/2014 / Americans with Disabilities Act (ADA) , Appeals , Corporate Counsel , Drug Testing , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Medical Examinations , Pharmaceutical Industry , Prescription Drugs

South Carolina Supreme Court Finds Workers' Compensation Covers Employee's Injuries Suffered During Kickball Game

Employers seeking to boost employee morale and encourage team building often encourage or require their employees to attend company outings ranging from annual company picnics to softball games. Although companies intend for...more

9/8/2014 / Bodily Injury , Corporate Counsel , Workers' Compensation Defense

NLRB Turns Its Attention to Corporate Codes of Conduct

Over the past few years, EmployNews has chronicled the National Labor Relations Board’s efforts to declare routine employee handbook policies in violation of the NLRA’s prohibition against restrictions on employees’ ability...more

9/2/2014 / Chief Compliance Officers , Code of Conduct , Compliance , Corporate Counsel , Corporate Culture , NLRA , NLRB

Eleventh Circuit Upholds $83,000 Fine Against Employer for Failure to Send COBRA Dental Coverage Notice

Employers know that the Consolidated Omnibus Budget Reconciliation Act (COBRA) requires them to send qualifying employees notice of their ability to continue group medical, dental and vision plan coverage at their own expense...more

8/25/2014 / Appeals , COBRA , Corporate Counsel , Employer Group Health Plans , Employer Liability Issues , Notice Requirements

Jonathan Crotty

Parker Poe Adams & Bernstein LLP

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