Posts tagged Eighth Circuit.

This is getting to be a trend.

This case makes my head hurt.

Hively v. Ivy Tech is ovah!

And one judge is not pleased.

Another federal appeals court will soon decide whether Title VII prohibits sexual orientation discrimination.

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act.

In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is a reasonable accommodation when the leave is (1) definite and time-limited (not open ended); (2) requested in advance; and (3) likely to enable the employee to perform the essential job functions on return. Noting that under the EEOC’s position “the length of leave does not matter,” the court characterized it as an “open-ended extension” of leave under the Family and Medical Leave Act.

If you're a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or activities, but those jurisdictions are the ...

Don't be a daredevil!

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a "protected category" (for example, sex or race), and "severe or pervasive."

But most employers aren't satisfied with banning only "illegal" behavior, and rightfully not. The law does a fairly good job of keeping us from each ...

Last week, we talked about employment investigations. This week, I'd like to talk about what employers do with the information they gathered during the investigation. There are two main tasks:

Thinking.flickrCC.RobertCouse-Baker
"Hmmmm . . ."

No. 1: Figure out what probably happened.

No. 2: Decide what action to take based on No. 1.

It's almost impossible to generalize about No. 1 because the results will vary ...

An article in Monday's New York Post discussed misunderstandings that can arise in the workplace based on use of "chat" apps and their associated emoji. A woman interviewed forEmoji.flickrCC.WickerParadise the article said that she had messaged her co-workers that she would be late for a meeting, and her boss replied with emoji of a "poop" (am I allowed to use that word on this blog?) and a clock.

She was like, what?

She ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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