Is attendance at one’s job an "essential function" of the job? That is a critical issue if a worker encounters illnesses and treatment that require time away from work. If everyday attendance is required for every job, then an injured worker who needs time off would not be protected by the ADA. Because, that
Eleventh Circuit Reverses Summary Judgment
The Eleventh Circuit helps shed some light on the effects of the ADA Amendments Act, effective in 2009. In Mazzeo v. Color Resolutions International, LLC, No. 12-10250, 2014 WL 12740470 (11th Cir. 3/31/14), Anthony Mazzeo suffered a herniated disc and torn ligaments in his back at the age of 46. He worked as a sales
Patent Office Cancels Use of “Redskins”Trademark
The Patent Office (more specifically, the Trademark Trial and Appeal Board) has canceled the patent owned by the Washington Redskins on the "Redskins" name. Five Native Americans filed suit under 15 U.S.C. §1064(c), the Trademark Act seeking cancellation of the patent on the name. The Patent Office ruled in their favor. The plaintiffs alleged that
San Antonio’s Little Mariachi Sings, Again
Sebastien De La Cruz sang at the NBA Finals in San Antonio, just as he did a year ago. The little boy who wears a charro outfit while singing. Charros are Mexican cowboys. Sebastien is a Mexican-American. He is as American as you and I. Yet, when he sings the national anthem at the NBA
Female Techies Tired of Harassment
Is there sexism in the work place? You bet. Look at the report at CBS news about women in the technology business. Several women published a manifesto calling for change. See CBS news report. The female techies say they have been pranked (porn left on their computer screen when they leave their work station)
Candidate Said All Muslims are Enemies of the State
Since my time in Iraq, I have noticed many instances of anti-Muslim discrimination. It was surprising to me back in 2006 and 2007, when I first returned how often we castigate all Muslims. Rick Casey discusses a T.J. Fabby of Red Oak, near Dallas, who accuses his political opponent of accepting money from an "admitted"
Sterling Refuses to Go Quietly
Donald Sterling responded to the NBA’s attempt to force him to sell his team. Mr. Sterling insists the "illegal" recording made during a "lover’ quarrel" should not be used to oust him as owner. Mr. Sterling did not intend the recording to ever see the "light of day," said his lawyers. The lawyers’ statement, instead
Donald Sterling Apologizes, Sort of
Donald Sterling has apologized for making racist remarks. I previously wrote about his racist remarks here. He says his comments were "terrible" things to say. But, he adds in the CNN interview, he was "baited" into making them. He suggests he should be entitled to one mistake in his 35 years as owner. He
Prompt Remedial Action Will Avoid Liability
One of the wonderful things about employment law is that employers have several ways to avoid liability for "stupid" things management might do. One big tool in the employer’s arsenal is the prompt remedial action. If an employee complains about harassment, the employer can investigate and then take "prompt remedial" action. If the employer does
Clippers Owner Asks Girlfriend not to Bring Blacks to Games
Its a remarkable story. An octogenarian team owner makes racist comments to his girlfriend, asking her not to bring blacks to "his" games. Donald Sterling specifically asks her not to bring "Magic" Johnson to any San Diego Clippers games. See CBS news report.
Mr. Sterling has made outrageous statements before. He is one of