Disability Discrimination

Yes, You Can Be Fired for Marijuana Use—Even If You Have a Disability

Think you are untouchable at work because marijuana is legal in your state? Think again. Employers can—and often do—enforce drug-free workplace policies regardless of state laws. This stark reality played out in the case of Sharon Mundy v. City of Pittsburgh 2024 WL...

Taking Care of Business: Can my Employer Dock my Pay for Bathroom Breaks?

This is not the first time that Spitz has paid a visit to the porcelain throne to consider the law’s response to nature’s call. However there’s never an inappropriate time to use the head (on our shoulders!) and reconsider this issue. Does my employer have to make a...

Can A Job Transfer Constitute Discrimination?

Best Adverse Employment Action Attorney Answer: Most of time when someone is contacting us regarding their potential legal claims against an employer, they are doing so because they were wrongfully terminated.  But what if you were not terminated, but instead were...

A worker consulting with a doctor about FMLA leave and ADA accommodations.

Medical Leave: Can I Get More Under ADA After FMLA Expires?

As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with...

One More Reason Representing Yourself In Employment Discrimination Cases Is Bad

It happens from time to time. A client or a party representing themselves has what they think is a brilliant idea – “I will just write a letter to the judge or the court and explain my situation and they’ll understand.” This type of ex parte communication (talking to...

It’s Not Disability Discrimination If You Report You Are Not Disabled And Harass Customers and Managers

Representing yourself in a legal case, known as pro se representation, may seem like a way to save money, but it often comes at a higher cost in the end. Given the rising costs of health care, it might be cheaper to do your own angioplasty but how is that going to...

Yes, You Can Be Fired For Being A Bad Boss – Even If You Complain About Discrimination

Under Title VII of the Civil Rights Act of 1964, employees are protected from retaliation because they opposed or filed a charge of employment discrimination or harassment. With that said, the filing of a charge of race/color discrimination does not provide blanket...