An employer that had a sexual harassment policy, but that failed to train its employees on the policy AND failed to insist that managers who received complaints forward those complaints to the human resources department, will...more
Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply.
In Koch v. Thames Healthcare Group, LLC, the employer had an...more
Is an employer liable for the misconduct of its employees at “after hours” gatherings? When a trial court adopted a narrow view of what constituted “the workplace,” an appeals court weighed in using a “totality of the...more
A lawsuit filed April 16, 2020, in federal court in Pennsylvania may be the first suit filed over the new federal law created in response to the COVID-19 outbreak. Stephanie Jones, a single mother of a school-aged son, claims...more
It was a close call, but a court recently denied an employee’s Americans with Disabilities Act claim that her employer had improperly refused a request to continue working from home as an accommodation. With the growth of...more
8/20/2019
/ American Airlines ,
Americans with Disabilities Act (ADA) ,
Aviation Industry ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Job Duties ,
Mergers ,
Qualification Standards ,
Reasonable Accommodation ,
Remote Working ,
US Airways
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more
3/29/2019
/ Anti-Harassment Policies ,
Appeals ,
Civil Rights Act ,
Complaint Procedures ,
Customers ,
Dementia ,
Dismissals ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Healthcare Workers ,
Hostile Environment ,
Jury Verdicts ,
Non-Employees ,
Nursing Homes ,
Oral Complaints ,
Patients ,
Physical Abuse ,
Reasonably Foreseeable ,
Restaurant Industry ,
Reversal ,
Risk Mitigation ,
Severe and Pervasive ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Workplace Safety ,
Wrongful Termination
Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more
8/21/2018
/ Americans with Disabilities Act (ADA) ,
Damages ,
Disability Discrimination ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Prescription Drugs ,
Reasonable Accommodation ,
Settlement
The Sixth Circuit Court of Appeals revived an Americans with Disabilities Act (ADA) suit brought on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a...more