The Second Circuit Court of Appeals has ruled that a medical condition related to the working environment surrounding a specific job is not considered a substantial impairment on the employee’s ability to work. The case was brought by an employee who claimed he suffered discrimination under the Americans with Disabilities Act (ADA) after he was fired due to poor job performance. The court agreed with the defendant that the inability to perform a single, specific job is not the same as having a substantial impairment on the ability to work entirely. Continue reading “Inability to Do Specific Job Not Substantial Impairment Under ADA”
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EEOC Sues Jefferson City Hotel for Sexual Harassment
The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the owners of a hotel in Jefferson City, MO for permitting a male room inspector to allegedly harass a female housekeeper. The suit alleges the inspector repeatedly made offensive sexual comments towards the housekeeper, and continuously made unwanted physical contact with her. The suit was brought because the owners of the hotel were apparently aware of the conduct but made no efforts to stop it. Continue reading “EEOC Sues Jefferson City Hotel for Sexual Harassment”
What is a Mandatory Arbitration Clause?
An increasingly common, but controversial, aspect of employment contracts is known as the mandatory arbitration clause (also known as a forced arbitration clause). These aspects of employment law are poorly understood outside of legal circles. But what exactly is a mandatory arbitration clause and what makes it so controversial? Continue reading “What is a Mandatory Arbitration Clause?”
Five Common OSHA Violations
The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA), which is dedicated to protecting workers from unsafe conditions on the job. However, despite OSHA’s rules, many employers get caught every year with unsafe conditions on their job sites. Here are some of the most common OSHA violations found in workplaces across the United States: Continue reading “Five Common OSHA Violations”
What is a Non-Compete Clause?
Employees may encounter “non-compete clauses” in their employment contracts. Often, they don’t even think about the problems before signing contracts containing such onerous clauses and bind themselves with devastating consequences. But what is a non-compete clause, and how could it help, or hurt, your employment? Continue reading “What is a Non-Compete Clause?”
Seven Ways to Tell You’re the Victim of Discrimination
Employment discrimination is sometimes blatant, involving someone shouting slurs or making openly derogatory remarks. However, many forms of discrimination are much more subtle, and you may not realize it’s happening. Here are a few common warning signs to remember if you are being denied a promotion, raise, bonus, or other job benefits back because of your race, religion, nationality, sex, sexual preference or gender identity. Continue reading “Seven Ways to Tell You’re the Victim of Discrimination”
Walmart Sued by EEOC Over Handling of Sexual Harassment
A Walmart store located in Geneva, NY, has been sued by the Equal Employment Opportunity Commission (EEOC) over alleged sexual harassment. This is as a result of the store’s unwillingness to address consistent conduct by an employee over the course of several years, which in turn led to several female employees quitting. The suit is proceeding after attempts to resolve the problem through the pre-litigation conciliation process failed. Continue reading “Walmart Sued by EEOC Over Handling of Sexual Harassment”
