Persons who have a disability are entitled to accommodation if necessary. But, there are limits to the sort of accommodation they can expect. One limit on requests for accommodation is that the person cannot seek an indefinite leave. An employer should not have to wait forever or close to forever for an employee to return
Donald Trump and Chef Jose Andres have settled Mr. Trump’s lawsuit. I previously wrote about this lawsuit here and here. Then Candidate Trump sued Chef Andres when he refused to follow through on a commitment to open a restaurant in Mr. Trump’s new hotel in Washington, D.C. Chef Andres, a celbrity in his own
There are various constructs which serve to limit access to juries for discrimination victims. One of those constructs is the so-called “same actor inference.” The same actor inference provides that if the same manager who hired an employee later fires that same employee, then it is unlikely that that manager was motived by discriminatory animus.
It is unfortunate that the President of the United States would defend someone who has settled five separate claims of sexual harassment. Pres. Trump defended Bill O’Reilly yesterday, saying he was a good person. Pres. Trump does not think Mr. O’Reilly did anything wrong. See CBS news report. And, just a year ago, then
The boys at Fox News just cannot seem to stay out of trouble. Another female employee has filed suit against Fox News and Roger Ailes. Julie Roginsky filed suit alleging sexual discrimination against the network. She claims that Roger Ailes offered her a regular spot on the show, “The Five,” in return for a sexual
Bill O’Reilly, the well-known political commentator on Fox News, has cost Fox News millions of dollars. Fox News has settled five complaints from five different women for sexual harassment. All five of those complaints involved Bill O’Reilly. Mr. O’Reilly settled a case himself in 2004 with Andrea Mackris, a former producer, for $9 million. I
Mary Ellen Johnson worked at Southwest Research Institute for many years before she was fired. Some time before her termination, she complained about possible discrimination against her due to her gender. She filed an internal complaint with SWRI in June, 2012. She then filed a complaint with the EEOC on Aug. 3, 2012. Several days
You know things are serious when advocacy groups and non-profits as diverse as the Christopher & Dana Reeve Foundation, National Disability Rights Network, the NAACP, and the National Association of Social Workers all oppose a bill now pending in Congress. The ADA Education and Reform Act of 2017, sponsored principally by Rep. Ted Poe, (R-Tex),
If a female employee is assaulted and harassed, can she sue for assault or for sexual discrimination or both? According to the Waffle House, Inc. v. Wiliams, 313 S.W.3d 796 (Tex. 2010) decision, she would have to sue under the Texas Commission for Human Rights Act for discrimination. Limiting the female employee to sex
The life experiences a judge brings to the table are important. Pres. Trump’s nomination of Neil Gorsuch illustrates that maxim. Judge Gorsuch, prior to assuming his chair at the Tenth Circuit Court of Appeals represented big business, often opposing attempts to seek class action certification on behalf of workers. His decision in Hwang v. Kansas