This is why employees need lawyers and why employers get sued. A fellow blogger, Evil HR Lady, reports that some hospital has told its medical staff they must stay away from work when they are ill with the H1N1 flu and such illnesses will count as Unexcused Absences. Such time will count as an
Americans with Disabilities Act
The New ADA Regs Have Been Issued
By Thomas J. Crane on
Posted in Discrimination
The new regulations for the Americans with Disabilities Act have been proposed. The EEOC promulgates those regs and seeks public comment before making them final. You can view the new regs at this website. These regs are based on the ADA Amendments Act which was passed last year. Among other changes, they list new…
Employers do the Craziest Things….
By Thomas J. Crane on
Posted in General
Employers do the craziest things. One employer in Tennessee, according to this report, tested employees for using *lawful* prescription drugs. Yes, the employer was testing for prescription drugs. They apparently rook action against employees who refused to stop taking some prescription drugs. The EEOC filed suit, saying these tests amounted to unlawful medical inquiries.
Requests for Accommodation do not Need a Solution
By Thomas J. Crane on
Posted in Discrimination
The Fifth Circuit Court of Appeals issued a good decision on reasonable accommodation recently. EEOC v. Chevron Phillips Chemical Co., LLP. One of the few decisions to plumb the depths of acommodation and how the interactive process should work. The lower court granted summary judgment in favor of the employer. That is…
State Workers Lack Wage Protections
By Thomas J. Crane on
Posted in Wage and Hour Issues
State workers have it rough. Yea, they have more job security than many private employees. But, if they are not paid in accordance with the Fair Labor Standards Act, they cannot file suit against their employer. That was the result of the 1999 decision in Alden v. Maine. They also cannot sue their employer…
Gross is Not Grounded in Reality
By Thomas J. Crane on
Posted in Discrimination
The decision in Gross is not grounded in reality. Gross v. FBL Financial Services does not reflect how discrimination and bias actually work. Gross is the US Supreme Court’s recent decision on age discrimination. For various reasons, it will probably also apply to discrimination under the Americans with Disabilities Act, also. Harold Goldner…
Fifth Circuit Finds for Employee
By Thomas J. Crane on
Posted in Discrimination
In a recent decision, the 5th Circuit Court of Appeals found in favor of an employee (plaintiff). EEOC v. Chevron Phillips Chemical Co. LLP. For the 5th Circuit to find for a plaintiff employee is very rare. For example, in a study completed a few years ago, the researchers, found that discrimination case…
Judge Kent Seeks the Protections He Denied Others
By Thomas J. Crane on
Posted in Discrimination
Judge Sam Kent was denied his request to be certified as having a disability which affected his ability to perform his duties. The 5th Circuit Court of Appeals denied his request. Judge Kent was and still is a United States District Judge. He heard many discrimination cases in his 15 years plus on the…