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Under the Americans with Disabilities Act (“ADA”), there is a provision that prohibits actions that interfere with an employee’s rights in the workplace. The provision is a “catchall” that bars an individual from unlawfully coercing, intimidating, threatening, or...
The concept of what a central job function is complex. So, for today’s legal blog we are going to use a recent United States Court of Appeals for the Fifth Circuit opinion in the case of Equal Opportunity Commission v. Cash Depot, LTD, No. 21-20515, 2022 WL 3644186,...
Today, we start with what should be the obvious premise that not all disabilities can be accommodated to do all jobs and the Americans with Disabilities Act (“ADA”) does not require that. In order to prove a failure to accommodate claim, “a plaintiff must show that...
Disability Employment Lawyer Answer: Although the Americans with Disabilities Act (“ADA”) was enacted by Congress in relevant part “to increase employment opportunities and employment outcomes for individuals with disabilities” 29 USC 701(b)(4), not all persons with...
Before an employment discrimination lawsuit gets filed in an actual court (federal and most state courts), it is required to go through an administrative process with local state and/or federal agencies (depending on your state). Often times, people are not aware of...
Many people assume that if an hourly employee works more than forty hours a week, the law requires that they be paid overtime. Simple, right? But, as our minimum wage and overtime attorneys have previously explained, wage and hour laws are anything but...
What is the FMLA? FMLA Attorney Answer: The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under...
If you are a frequent visitor of our blog, you might remember my post from a few weeks ago about how state employers are protected from federal employment discrimination suits by Eleventh Amendment sovereign immunity (Best Read: Can Public University Employees Sue...
Sexual Harassment Attorney Answer: By itself, probably not. But just like every other question you ask an attorney, it depends. Let’s dig into the “it depends” a little deeper by looking at the United States Sixth Circuit Court of Appeals’ recently released opinion in...
Employee’s Rights Lawyer Answer: At Spitz, The Employee’s Law Firm, our attorneys get a lot of calls from potential new clients who tell us that they suffered from a hostile work environment. Although this may seem like a straightforward concept, it requires an...