Posts tagged Mr. Dithers.

I'm sure you have heard that Thanksgiving Day and the first day of Chanukkah will occur on the same day this year, creating the hybrid holiday, "Thanksgivukkah." And, according to Buzzfeed (do they have any expertise on this subject?), the two holidays will not simultaneously occur again for 70,000 years. How about that!

In honor of the occasion, here are eight things in the ...

How much do you really know about employment medical examinations and the law? Let's find out!

1.      Assuming the results are not used in a way that violates the law, it is legal under the Americans with Disabilities Act to require a post-offer medical examination IF

A. The examination is job-related and consistent with business necessity.

B. The examination is narrowly tailored to ...

So what's the real deal with the Employment Non-Discrimination Act?

Yesterday's passage by the U.S. Senate, 64-32, of the ENDA, which would prohibit employment discrimination based on sexual orientation or gender identity, does not mean that the ENDA will become the law of the land -- at least, not for now.

Media reports have, with some justification, focused on the historic facts that ...

(Please note: This week's "Friday" post is up a day early because our platform is getting a system upgrade beginning tomorrow and through the weekend. The blog will be available for viewing, but we will not be able to post anything new until Monday. So if you submit a comment after today and don't see it right away, please don't worry - we will have it up the first of next week. Thank you for your ...

How's everybody weathering the shutdown? Kinda quiet right now.

The calm before the default.

But at least the federal courts are still open. Most of you have probably heard by now about the ruling from a federal court in New York in Wang v. Phoenix Satellite Television saying that an unpaid intern can't sue for sexual harassment under the City's Human Rights Law because she's not an ...

Abercrombie & Fitch has won a huge victory in one of its Muslim hijab-accommodation cases -- but will the decision stand?

As you know, the Equal Employment Opportunity Commission has filed two lawsuits against Abercrombie in California -- both of which have now settled -- but there was another one in Oklahoma, and it may be the most interesting of them all.

The EEOC won summary judgment ...

As everyone knows by now, the federal government shut down at 12 a.m. after the House and the Obama Administration failed to reach agreement on the Affordable Care Act. Essential activities, such as law enforcement, air traffic control, and Social Security payments, will continue as usual. But non-essential activities, which would include most of what our employment-law agencies ...

After having expressed concern (here and here) that penalizing employees for not participating in "voluntary" wellness programs may render the programs . . . er . . . involuntary*, my view was somewhat vindicated this week by Rep. Louise M. Slaughter (D-NY) in a letter that Rep. Slaughter sent to the Equal Employment Opportunity Commission.

*Under the Americans with Disabilities Act ...

Let's say your CEO fires a 53-year-old woman and says he's doing it because she's "old and ugly."

If she finds out about it, can she sue for age discrimination?

My guess is 100 percent of you would say, "What are you, stupid? Of course she can!"

"Have a social media policy? Chances are, it's illegal." Please join our webinar on Social Media and the NLRA: Common Problems and Best Practices

                          If you ever plan to motor west,

Travel my way, take the highway that is best.

Get your kicks on Route 66.

It winds from Chicago to LA,

More than two thousand miles all the way,

Get your kicks on Route 66.*

OK, kiddies -- jump into my '55 T-bird, and let's take off on old Route 66, from Chicago to L.A., more than two thousand miles all the way! If you promise to behave, I'll let you ride with the top down.

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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