I try to talk on this forum about employment issues and discrimination in general. Since I am an Iraq veteran, I also discuss the war from time to time, typically simply to note the death of a local soldier killed in Iraq or Afghanistan. So, when a local governmental entity itself expresses some form of
Public Facilities Must be Accessible
Public facilities must be accessible to persons with disabilities regardless of age of the structure. But, if the structure dates to before 1990 and has not been substantially modified since 1990, then accessible features must be “readily achievable.” City sidewalks are a significant issue.
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Many Types of Evidence Help Prove a Discrimination Case
Circumstantial proof is typically used in discrimination cases. Direct evidence of discrimination (ie, an admission by the harasser) is rare.
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Bexar Met Fires Business Analyst
Why would an employer provide grounds for a lawsuit to an employee? It is hard to fathom, but Bexar Metropolitan Water District has fired a business analyst whose warnings about improper accounting practices were supported by a a consultant. See San Antonio Express News report. Gilbert Herrera’s warnings were well-reported prior to his termination.
The Interactive Process Requires Employee to Consider Alternatives
The ADA was amended substantially in 2009. See prior discussion here. With the new ADA in place, disability cases will be more about the accommodation process and less about whether a person is disabled. Workplace Prof discusses a case that sheds some light on the accommodation process. An employee seeking accommodation must present his/her
Preventive Fitness for Duty Exams
Fitness for duty exams are not popular with the workforce. They can be very stigmatizing. But, employers want to know if an employee has issues that could affect business. Most caselaw says fitness for duty exams for unspecified reasons are not justified – they are perceived s a backdoor to discriminate based on disability. But
Reasonable Accommodation Requires More
How much accommodation is enough? There is surprisingly little caselaw on the subject. Most issues arising under the old ADA concerned whether a person was truly a person with disability.
Now that the ADA hs been substantially amended, we will surely start seeing more accommodation issues. In EEOC v. UPS Supply Chain Solutions, we see
Persons with Disabilities Have Higher Rates of Unemployment
People with disabilities have a much higher rate of unemployment. See Wall Street Journal report. The unemployment rate last year was 14% for persons with disabilities. As of July, 2010, the rate has risen to 16.4%.
Sherrod Turns Down Offer of Resinstatement
To most people, your job is your life or a very significant part of your life. Survey after survey supports that view. Common sense tells us it must be true. We see that in the case of Shirley Sherrod. Fired for no good reason as part of a huge misunderstanding. Her employer, the US Department
Dr. Laura’s Advice to Self: Quit
There was a time when I enjoyed Dr. Laura and her "tough love" advice. On my long drives to Reserve duty, there was often not much else available on the radio. Her no-nonsense style appealed to me for a time. Now, she is quitting after 30 years, apparently due to her use of the n-