Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California.
Actually, I got one email from a reader, who had a better take on the whole situation than I do.
But who cares! I still think it's a great topic, and a case worth following!
Here's the deal, as I understand it:
Mr. Sarkisian took ...
Gee, Ma, this is swell!
The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities Act, although it never hurts to get a refresher, and in any event it's aimed at employees, not employers.
But what is really great ...
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 ...
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 ...
Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don't believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay more than half a million dollars to an employee who retired rather than have his hand scanned by a biometric screener, which he believed was ...
Are Human Resources representatives advocates for employees, or shills for the corporate bigwigs?
I suppose you've been following the story about how Amazon (1) is the worst place in the world to work, (2) no it isn't, (3) anyway, the New York Times didn't do good research and based its story on too many anecdotes, and (4) yes, it did do good research, and anyway how are you supposed to do a ...
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 ...
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 ...
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 ...
Where are we these days with respect to mind-altering substances and the workplace? Here's the latest, with the "substances" discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes.
ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit its use in the ...
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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