Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.

The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...

This case may have some problems, but it's a good illustration of why employers need to be careful, post-Young v. UPS. Thanks very much to Bill Goren for sending it my way.

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the ...

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony?

That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following:

• Nothing
• Issue 8 bazillion warnings but never act on them
• Offer a demotion, or a transfer to a less demanding job
• Let the employee ...

Dear Americans with Disabilities Act,

How time flies -- you're already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here. I hope you don't mind one more from me.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together.

I ...

It's been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify.

5 Things Your Manager Doesn't Want You to Know. By the great Evil HR Lady, Suzanne Lucas. (Just to whet your appetite, the first is "I can't fire you.")

Can Employee Display a ...

NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care Act, and I are ...

Inquiring minds want to know!

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that "regular attendance" is an essential function of the job. But what is "regular attendance"?

Which made me think of this:

(I promise - this is neither a pro- nor an anti-Hilary Clinton post, but I couldn't resist the tie-in during this week of her ...

Law360 just reported that the EEOC has issued its long-awaited proposed rule on wellness programs and the Americans with Disabilities Act. The official version will be published Monday in the Federal Register.

I am out today and tomorrow to present some seminars, but I will have a full post on this as soon as I've had a chance to review. Meanwhile, here is a sneak peek of the proposed ...

The EEOC's much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak.

Once approved by the OMB, the proposed rule will ...

(St. Patrick's Day is sooooo nine hours ago!)

Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law blog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...