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A Case of Mistaken Disability Costs California Employer

By Katharine Essick, JD, Sedgwick LLP A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an […]

Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent to at least one of his co-workers. According to the Los Angeles Times, Daniel Gilroy, who worked with Mateen for about a year as […]

Jenner, Dolezal, and the transformative debate

The names Caitlyn Jenner and Rachel Dolezal have been inexorably intertwined over the last couple weeks by the mainstream media and social pundits, including a debate as to whether these two individuals’ circumstances should even be intertwined because they represent entirely different discussions regarding social justice and identity. As most know, Caitlyn Jenner, formerly known […]

Criminal and background reports as evidence in EEOC class actions

by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]

Give Your Training a Helping Hand

Trainers might inadvertently send the wrong message based on their “hand behaviors” (i.e., how they hold their hands and what they do with them during training), says Guila Muir, a trainer of trainers, facilitators, and presenters and author of Instructional Design that Soars: Shaping What You Know into Classes that Inspire (www.guilamuir.com/kite-book). “The good news […]

News Notes: Home Depot Socked With Big Retaliation And ADA Verdict

An Oakland jury has ordered Home Depot to shell out almost $1.7 million for retaliating against an employee who complained about sexual harassment and failing to accommodate her under the Americans with Disabilities Act. Denise Restivo, a computer systems coordinator, was demoted and transferred after charging that managers made sexual remarks and mocked the company’s […]

Wendy’s In Hot Water After Turning Away Cook With Disabilities

The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]

The New ‘Wage Slaves’: Readers Talk Back

By BLR Founder and CEO Bob Brady A few weeks ago, BLR’s CEO wrote an e-pinion in this space called “BlackBerry® at the Beach,” a reference to expectations that workers be available 24/7/365. He expressed his e-pinion that lower level exempts, ineligible for overtime, are the new “wage slaves.” Guess what? Readers agreed! Here’s Bob’s […]

Gaga over the FLSA monster

by Boyd Byers Pop diva Lady Gaga affectionately refers to her fans as “little monsters.” But she recently became acquainted with a big monster― the Fair Labor Standards Act (FLSA). Jennifer O’Neill, who worked as Gaga’s personal assistant, sued the pop star’s company, Mermaid Touring, Inc., for FLSA violations. She says she was continuously on […]