U.S. Supreme Court Rules on Pregnancy Discrimination

Yesterday, the U.S. Supreme Court issued an opinion in Young v. UPS, in which it addressed the Pregnancy Discrimination Act’s requirement that employers treat pregnant employees the same way they treat other employees in the same job.  The Court held that an individual pregnant worker who seeks to show disparate treatment may make out a… Continue reading U.S. Supreme Court Rules on Pregnancy Discrimination

Managing/Terminating Toxic Employees

The Portland Business Journal has an interesting article about how to manage toxic employees who are also superstars.  The article recommends that an employer’s approach to the toxic employee should take into account both the mission and goals of the employer.  The employer’s approach should also involve consulting with counsel to consider the legal risks of terminating the employee, and whether it is possible… Continue reading Managing/Terminating Toxic Employees

Give the Woman a Mat to Stand On

We frequently post about employer obligations to accommodate disabled employees.  Generally, accommodation is required unless an employer can show that the requested accommodation imposes an undue hardship. Not surprisingly, litigation often focuses on whether a particular accommodation imposes an undue hardship, an analysis that considers the nature and cost of the accommodation, the financial resources… Continue reading Give the Woman a Mat to Stand On

Fake on-the-job Injuries and Impersonating Seahawks Players

A Washington man was recently charged with 12 felonies for obtaining illegal and prescription drugs by fraud.  On 17 separate occasions, the man visited hospitals or urgent care clinics and claimed to have suffered an on-the-job injury.  At the medical facilities, he filled out workers’ compensation claim forms using his first name and the last… Continue reading Fake on-the-job Injuries and Impersonating Seahawks Players

Prohibited Medical Inquiries – Again

Under the ADA, medical inquiries directed at existing employees are permitted when they are job related and consistent with business necessity.  As explained by the EEOC, a disability-related inquiry or medical examination may be job-related and consistent with business necessity when an employer has a reasonable belief, based on objective evidence, that: (1) an employee’s… Continue reading Prohibited Medical Inquiries – Again

Disability Accommodation for Job Applicants

A recent EEOC press release is a reminder that employer obligations to provide reasonable accommodation extend to job applicants.  According to the EEOC, during the interview and orientation process, a Texas employer discovered that two job applicants were hearing impaired (because the applicants were using sign language with each other).  The employer refused to provide… Continue reading Disability Accommodation for Job Applicants