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Why Employment Relationships Matter In Discrimination Cases Title VII of the Civil Rights Act of 1964 is an employment discrimination law. The word employment is doing some serious work in that sentence. If you sue a defendant for Title VII discrimination, you...
How Essential Job Functions Control Accommodation Rights You follow policy and tell HR that you need an accommodation for your disability in order to do your job safely, and specifically, that you would like to work from home. Your employer says you cannot work...
How The ADA Direct-Threat Defense Can Defeat A Disability Claim Not every limit posed on a disabled worker is disability discrimination. Common sense tells us that certain disabilities can prevent some people from safely performing certain jobs. At the extreme, a...
How Employees Can Prove Disability Discrimination And FMLA Retaliation When an employer gets sued for employment discrimination, wrongful termination, or retaliation, they all seem to know the same song: “performance.” They play it loudly. They play it repeatedly....
Why The ADA May Require Reassignment Instead Of Leave Some employers have a simple solution when an employee needs a disability accommodation: keep the employee off the payroll instead. No termination. No reassignment. Just unpaid leave that stretches from weeks into...
Why Claiming Disability Discrimination Will Not Block Termination For Theft Many disability discrimination and wrongful termination cases involve the sufficiency of a doctor’s note, missing medical documentation, or disagreements over the interactive process between...
Why Ineffective Accommodations May Violate The ADA A disability accommodation that doesn’t accommodate isn’t an accommodation. It’s just activity disguised as compliance. Americans with Disabilities Act (“ADA”) is not satisfied simply because an employer does...
Why Employment Law Doesn’t Protect You From A Jerk Boss—But Title VII Protects You From Discrimination We’ve all known that boss or manager. The one who walks into the office and everyone’s mood instantly changes. The one who criticizes your work in front...
Why Pro Se Employees Almost Always Lose Many employees believe that if they were wrongfully fired, faced employment discrimination at work, retaliated against by a mean boss or manager, or simply treated unfairly, they can sue their employer on their own...
How Waiting Too Long Destroys Disability Discrimination Claims Some deadlines are soft. Returning a library book three days late may cost a few dollars. Missing a dinner reservation may get you a dirty look when you show up. Eating cheese a few days past...