Posts tagged Indiana.

"Let's turn over -- a new leaf."

I do not think "associational discrimination" means what you think it means.

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.

Thanks to Law360 for alerting us to this!

Straight from the courthouse to you -- I haven't even read this yet, but here is a copy of the lawsuit, which was filed today in federal court in the Eastern District of Texas.

UPDATE (4:41 p.m. EDT): Here's another one, filed in the same court - this one is some trade groups and a slew of Chambers of Commerce in Texas!

  ...

Slam Dunk.JavonMcCrea.flickrCC.ChadCooper
WHOOSH!

A federal judge in Indiana dismissed yesterday all that remained of a lawsuit filed by student athletes, alleging that they were "employees" and therefore entitled to the minimum wage under the Fair Labor Standards Act.

Don Prophete, Jim Goh, and Steve Moore of Constangy, Brooks, Smith & Prophete, LLP, represented the NCAA and hundreds of the university defendants.

The suit ...

As most of you have heard by now, the U.S. Department of Labor has provided a "sneak preview" of a Notice of Proposed Rulemaking on the definition of "spouse" in the Family and Medical Leave Act. The proposed changes would broaden the definition of "spouse" to include most same-sex married couples.

The proposed changes are intended to reflect (and expand upon) last year's Supreme Court ...

If you fire an employee for an indefensible reason, chances are you will get a charge or a lawsuit out of it, even if the indefensible reason was legal. That's HR/Legal 101. (In other words, don't believe thatBates Motel.Madame_Tussauds_London_00810_Nevit.jpg "employment at will" propaganda.)

If you realize your reason wasn't too good and therefore "improve" it a little after the fact, that just makes things worse. If you "improve" it more ...

NOTE: I apologize for the delayed posting. Our blogging platform was having technical difficulties for much of the day on Friday, so I decided to wait until Monday to post this to make sure you saw it!

In my last post, in response to the bombings at the Boston Marathon, I talked about some ways that employers can prevent violence in the workplace and even avoid hiring the type of employee who ...

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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