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The U.S. Supreme Court, in addition to its recent flurry of more widely known decisions dealing with gay rights, affirmative action and the Voting Rights Act, issued several other lesser known decisions, including Vance v. Ball State University, a decision directly...
The Americans with Disabilities Act (ADA) seems to be expanding its definition of “disability.” Just last month, the American Medical Association voted to re-classify obesity from a condition to a disease. As such, obesity – even perceived disability – likely...
Employment law attorneys understand that disability discrimination encompasses both real and imagined disabilities. To be sure, the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability, even discrimination because an employer...
The Americans with Disabilities Act (“ADA”) protects disabled individuals from all kinds of workplace discrimination. One type of discrimination that the Act protects against is an employer’s refusal to provide a reasonable accommodation. Under the ADA, an employer...
Most employers understand that, under the Americans with Disabilities Act (ADA), it is illegal to discriminate against employees or applicants with disabilities. However, what many employers are unaware of is a lesser-known ADA provision that prohibits discrimination...
The staffing firm Day & Zimmerman received an employee’s complaints about racial harassment and physical abuse and then allegedly, disregarded and retaliated against the employee by firing him. Specifically, the complaint alleged that a foreman at Day &...
The Equal Employment Opportunity Commission (“EEOC”) recently announced a lawsuit filed against Performance Food Group, Inc. (“PFG”), one of the nation’s largest foodservice distributors. The lawsuit alleges that PFG,and its predecessor, subsidiary, and affiliate...
Does the fact that sexual harassment is directed at both female and male employees make it okay? The answer, according to the Minnesota Supreme Court, is no. In Rasmussen v. Two Harbors Fish Company, the Minnesota Supreme Court held that sexual harassment need not be...
A recent U.S. District Court decision in Gillis v. Wal-Mart highlights the question of whether an employee can bring a claim against his or her employer for hostile work environment when the underlying conduct that serves as the basis for the claim occurred outside of...
It should be common sense that employers, supervisors, and co-workers should not be able to use the “N-Word” while at work without some consequences being attached, but, as employment attorneys, it is the job of the members of Spitz, The Employee’s Law Firm to...