December 2011

 What are the most costly Human Resources errors?  The good folks at Delaware Employment Blog mention four:

  •  Failure to engage in the interactive process required by the Americans with Disabilities Act

That is, Ms. DiBianca refers to HR’s failure to adequately consider requests for accommodation.  The employee need not mention the word "accommodation."  The employee

The Fifth Circuit overturned summary judgment for the employer in Schroeder v. Greater New Orleans Federal Credit Union, No. 10-31169 (5th Cir. 12/19/11).  The employee was fired after she complained about violations of law and regulation at a credit union.  Mary Schroeder filed suit based on 12 U.S.C. §1790b and La.Rev.Stat.Ann. § 23:967(A).  Sec. 1790

The Sixth Circuit has rendered a decision regarding a veteran who sued under the Rehabilitation Act of 1973, 29 U.S.C. §791.  The Rehab act applies to federal employees who have disabilities.  The Americans with Disabilities Act was based in large part on the Rehab Act.  In this Sixth Circuit decision, the appellate court affirmed the

I first posted this a year ago.  But, this advice always applies at this time of year, when we all attend holiday parties.  Many times, bad conduct at office parties contributes to sex harassment lawsuits.  For example, telling a female subordinate that you admire her breasts can be good evidence of sex harassment.  See Dan

 Medal of Honor winner Dakota Meyer has dropped his lawsuit against BAE Systems OASYS.  They have reached a settlement.  See San Antonio Express News report.  The terms of the settlement have not been released.  It is routine in employment related cases to make the terms of any settlement agreement confidential. 

The corporate world can be harsh.  Mega Corporation takes over slightly Smaller Corporation.  New management takes over the local sales office.  For unknown reasons, new management decides they need new sales representatives and a new regional manager.  New management lays off seven people total in the local office.  Four out of the seven have just

Many web sites today provide a forum for  patients, clients and customers to criticize professionals.  But, some professionals require their patient to sign an agreement in which they agree not to criticize the health care provider.  Now, one dental patient is suing her dentist to overturn the agreement she signed.  See ABA Bar Journal report

 Its a crazy way to run a lawsuit.  Alma Rosa Guzman was fired by the Southside Independent School District in November, 2010.  She filed a complaint with the Equal Employment Opportunity Commission.  In May, 2011, she was elected to the Board of Trustees for Southside ISD.  Now, she has received her right-to-sue letter and yes

Every lawsuit has another side.  Now, we hear from Dakota Meyer’s former supervisor at BAE Systems OASYS Inc.  Bobby McCreight, Mr. Meyer’s former boss, filed his Answer to Medal of Honor winner Dakota Meyer’s lawsuit.  Mr. Meyer’s lawsuit accuses Mr. McCreight of defaming Mr. Meyer and costing him a new job.  Mr. Meyer had applied

Tort reform comes up in Texas every couple of years.  "Million dollar lawsuits are ruining the Texas economy," I have heard off and on since the 1970’s.  Tort reform does tend to attract Republican support.  I agree there is always room for improvement, but the claims are often overblown.  The "lemon law king" of Wisconsin