Tag: discrimination

Fired Employee Declined FMLA and Broke Attendance Rules

If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s policies, otherwise termination is justified. This assertion by the 9th U.S. Circuit Court of Appeals […]

New resources available on upcoming rules for federal contractors

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has posted new resources on its website to help federal contractors comply with new regulations pertaining to recruiting people with disabilities and veterans. New regulations going into effect March 24 strengthen requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and […]

UPS Attendance Policy Under Fire for Second Time

An automatic termination policy for employees taking more than 12 months of consecutive leave limits the ability of qualified individuals with a disability to return to work and may act as a “qualification standard” that violates the Americans with Disabilities Act, a federal district court has ruled. The ruling by the U.S. District Court for […]

Maine Law Court issues groundbreaking discrimination opinion

by Peter D. Lowe and Connor Beatty On Thursday, January 30, Maine’s Supreme Judicial Court issued a groundbreaking and controversial decision. The Law Court ruled that a school district discriminated against one of its students when it told the student she couldn’t use the female restroom because she is transgendered. Although this decision directly affects […]

Reform Agencies Clarify Cost Sharing and Essential Services

A series of agency Q&As resolves a few questions relating to complying with federal health care reform, such as correctly counting participants’ out-of-pocket expenditures; wellness program reward administration; and the status of “carved-out” benefits. In latest set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services and the Treasury provide some […]

Punter’s legal claims may be blocked

When they asked me to join the rotation of writers for Ford Harrison’s EntertainHR blog, I was a little nervous. After all, while we Minnesotans make headlines for things like our weather (the high temperature here last Monday was 13 degrees below zero) and electing professional wrestlers to high political office, we haven’t had a […]

HR’s New Year’s resolutions (or what your lawyer hopes they’ll be)

by Tracey B. Eberling What will 2014 bring? It’s hard to say. If you’ve been in HR very long, you know that employment law and workplace issues can be unpredictable. But HR professionals can take precautionary, commonsense steps to prevent small problems from spiraling out of control. Here are some resolutions that should help make […]

Robertson a sitting duck after controversial quotes released

Duck Dynasty patriarch Phil Robertson and his family are most likely not enjoying a Happy Happy Happy Holiday after his recent GQ interview hit newsstands. In the interview, Robertson is quoted as saying: “It seems like, to me, a vagina—as a man—would be more desirable than a man’s anus. That’s just me. I’m just thinking: […]

‘Unreasonable’ Accommodation Request Foils Nurse’s ADA Claims

A nurse’s inability to perform essential job functions, either with or without reasonable accommodations, prevented her disability discrimination claim from advancing to a jury trial and warranted summary judgment by the U.S. District Court for the District of Minnesota in Attiogbe-Tay v. SE Rolling Hills LLC, No. 12-1109 (D. Minn. Nov. 7, 2013). Comfort Attiogbe-Tay, […]

Employees Must Prove Disability in Spite of Lower ADAAA Bar

While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]