Some employers really, really hate to fire employees. That doesn't mean they won't do it - but they'll do just about anything to avoid calling it what it is.
A few months ago, I wrote about "bogus RIFs" - when an employer tries to avoid "firing" an employee by claiming it's really a "reduction in force."
There's another kind of "alternative" separation called a constructive discharge.
As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area.
And as I reported last week, the Florida case settled for $150,000 plus some training and other non-monetary terms.
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 ...
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 ...
Last September, I posted that the EEOC had filed its first two lawsuits against private employers alleging discrimination based on gender identity.
The EEOC announced this week that one of the lawsuits -- against Lakeland Eye Clinic of Florida -- has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic's Director of Hearing Services ...
What do employers need to know about the Supreme Court's pregnancy accommodation decision last week in Young v. United Parcel Service?
For the "somewhat-scholarly" version (also known as the "tl:dr"* version), go here.
*"Too long; didn't read"
For the "one minute 14 second" version, go here.
But for the "just right" version, stay where you are for some FAQs, Goldilocks!
So, now ...
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 ...
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs.
The candidate had end-stage renal disease.
Now, Kmart has been hit, too, in a case involving almost ...
Guess what? You know those SEC disclosures about pending litigation that publicly held companies are required by law to make? Well, if an employer says too much, it may be "retaliating" against the litigants.
I am not making this up. International Monetary Systems, Ltd., is facing a jury trial on a retaliation claim made by a former employee. The company is going to trial because it listed ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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