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Whether your religious institution employer can get away with discrimination based on a sincerely held religious belief most often depends on whether it qualifies for what is called the “ministerial exception.” This is an issue that arises regularly for members of our...
The Family and Medical Leave Act (“FMLA”) provides qualifying individuals the right to take up to 12 weeks of unpaid leave to attend to personal or certain family medical issues. Additionally, the FMLA prohibits employers from retaliating against employees for taking...
A recent decision out of the United States Court of Appeals for the Eleventh Circuit caught my eye. Not because of the facts of the case, which were rather pedestrian (a patrol office filed a race discrimination claim because he was investigated and issued a coaching...
How do I show disability discrimination by my job against me under the ADA? Disability Discrimination Lawyer Answer: The Americans with Disabilities Act (“ADA”) prohibits employers from “discriminat[ing] against a qualified individual on the basis of disability” in...
Generally, a statute of limitations is a time limit for filing charges against another party. Under Title VII of the Civil Rights Act of 1964, an employee or applicant has 180 calendar days from the day the discrimination took place to file a charge with the Equal...
Ahh, the Federal Arbitration Act (“FAA”), stripping rights from employees since 1925! While it was created as an alternative to litigation with the hopes of making a resolution faster and easier in commercial disputes, it was judicially broadened to cover all disputes...
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...