Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! 

Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he was harassed and ...

Yeah, yeah - I know it isn't even Thanksgiving yet, but you are planning your holiday party now, and you want answers to your burning questions while you still have time to do something about it.

And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on "How to Make Your Workplace Holiday Party Sparkle -- With No Legal Hangovers," and got some great ...

You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans.

At that time, every federal appellate court facing the issue -- in addition to these three, the Ninth Circuit -- had found that same-sex marriage bans were unconstitutional.

Until ...

It has been a long time since we talked about the Family and Medical Leave Act, but a couple of interesting and noteworthy decisions came out this week from Way Out West.

Our first case, from a federal district court in Oregon, answered the following question:

Can an employer require a doctor's note every time an employee takes intermittent FMLA leave?

YES

NO

C'mon! Even if he's an abuser?

I'm sure by now you have all heard about the controversy that erupted after Slate columnist Aisha Harris suggested that Santa Claus be replaced by a "holiday penguin," which she perceived to be more inclusive than a rosy-cheeked white fat guy from up North.

And then Megyn Kelly of Fox News got in trouble for saying in response that Santa Claus was (1) a real dude and (2) a white dude.

At ...

NOTE: Because of the Thanksgiving holiday, there will be no post on Friday. Happy Thanksgiving and happy Chanukkah! 

*SARCASM ALERT*

The following is a public service announcement. Only you can prevent your company from having a boring holiday party by following these six steps.

1. Let the wine flow like . . . wine! Alcohol should always be served at  company functions. One can never have ...

Dear Santa:

I've been a little down lately. Our friend and colleague, Michael Lavenant, will be buried today. And I'm still feeling for the residents of Newtown, Connecticut, and what a grim holiday this will be for them.

So, what do we want for Christmas? Most of us sure don't need more stuff -- maybe you can give our stuff to someone who is unemployed, or to someone who can't work because of an ...

Is obesity a "disability" entitled to protection under the Americans with Disabilities Act?

As our nation allegedly gets more zaftig this question could take on enormous significance.

(By the way, did you know that Marilyn Monroe really was not a size 14 but smaller than a size 2? It's a fact! I am so disappointed. I loved the idea of a size-14 sex symbol.)

"Obesity" is medically defined ...

As you all know, the Americans with Disabilities Act excludes "current users of illegal drugs" from protection. Meaning that an employer is free to take action against applicants or employees based on their current use of illegal drugs.

A question that has arisen a few times, and which I've managed to sidestep, has been this: What about current use of medical marijuana? Assuming the ...

Woody Allen once said, "80 percent of success is showing up." So true, so true!

The U.S. Court of Appeals for the Ninth Circuit* came out recently with a great decision on when "showing up" -- also known as "attendance" -- is an essential function of the job, and when an employer can terminate an employee for poor attendance even if the absences are caused by a "disability" within the ...