Author: Jourdan Day, Porter Wright

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Listen Closely! 5th Circuit Court Hears Stuttering Employee’s ADA Claims

In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.

termination

Worker Fired for Performance Problems Points to Retaliation Instead

An employer provided additional training to an employee with documented performance problems, but when her performance slipped again, she was fired. Noting that the termination occurred shortly after she took medical leave, the employee claimed that she was fired in retaliation for exercising her rights under the Family and Medical Leave Act (FMLA).

Pay

What Is the Biggest Challenge to the CEO Pay Ratio Disclosure Rule?

One half of U.S. companies say their biggest challenge in complying with the forthcoming pay ratio disclosure rule is forecasting how their employees will react, according to a poll by Willis Towers Watson, a leading global advisory, broking, and solutions company. The poll also found nearly half of respondents haven’t considered how, or if, they […]

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ADA: When Is a Transfer a Reasonable Accommodation?

Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.

Pastafarian

Rastafarian, Pastafarian: No Matter What You Call It, It Could Be Religious Discrimination

Recently the southern grocery chain, Publix, came under fire for withdrawing a job offer after the worker refused to cut off his dreadlocks. The worker cited his Rastafarian religion as the reason why he refused to cut his hair. This isn’t the first—and most certainly won’t be the last—time employers are met with nontraditional forms […]