Employment Counseling

The $1.39 Reasonable Accommodation

September 9th, 2011 by JBWK

The EEOC has sued Walgreens after a diabetic employee was fired for eating a $1.39 bag of chips, which she paid for after her shift ended, to stave off an attack of hypoglycemia. She had worked for Walgreens for 18 years with no disciplinary record. The EEOC’s position: “Accommodating a disability does not have to […]

EEOC Continues Leave of Absence Pursuit

September 7th, 2011 by JBWK

The EEOC has been on a recent streak of suing employers who fail to offer their employees leaves of absence as reasonable accommodations under the ADA. In our prior post discussing post-FMLA leave as a reasonable accommodation, the staggering settlement amounts involved in these cases hopefully opened employers’ eyes to avoiding this expensive mistake. Continuing […]

ADAAA Impact

September 1st, 2011 by JBWK

A recent decision from the federal court in the Western District of Virginia highlights an important issue arising from the 2008 ADA Amendments Act. A former employee alleged her former employer fired her after finding out she was dyslexic. She sued, claiming the employer violated the Americans with Disabilities Act. The ADA has always prohibited […]

NLRB Requires Employer Posting of Union Rights

September 1st, 2011 by JBWK

The National Labor Relations Board issued its final rule last week on new required postings notifying employees of their rights under the National Labor Relations Act. The posting requirement becomes effective November 14, 2011. The NLRB will have 11×17 printable posters available on its website by November 1. Additionally, there are methods of electronic distribution […]

NLRB Summary of Social Media Cases

August 23rd, 2011 by JBWK

Still trying to figure out what the National Labor Relations Board is doing about social media and protected activity? Who better to explain it than the Office of the General Counsel of the NLRB in its Report Concerning Social Media Cases

EEOC Sues Defense Contractor for Employees’ Stereotype-Based Harassment

August 19th, 2011 by JBWK

The EEOC on Wednesday sued defense contractor DynCorp International in the Eastern District of Virginia for its employees’ alleged harassment after out-of-court settlement talks failed.  The basis: male employees harassing a male coworker who didn’t fit the typical gender stereotype of a man. From the EEOC’s press release: According to the EEOC’s complaint,  from October […]

Pushing Back Retirement

August 17th, 2011 by JBWK

A recent issue brief from the Center for Retirement Research at Boston College highlights an increasingly important issue for employers: older workers who are putting off retirement in favor of longer careers. The brief, available here, cites several factors causing the increasing average retirement age.  Among them, improved health and longevity, more highly educated workers, […]

Post-FMLA Leave as a Reasonable Accommodation

August 16th, 2011 by JBWK

Think you can automatically fire an employee as soon as their FMLA leave expires?  Think again. As highlighted by several recent EEOC cases and public guidance meetings, the EEOC has taken a stand against inflexible leave policies that fail to consider whether further unpaid leave after an employee’s FMLA (or non-FMLA) leave expires can be […]