Employment Law
Can I Get Fired for What I Say on Social Media?
While having your parents on social media following your accounts might be widely considered as embarrassing, having your employer or boss do the same can be far worse. Everything you say on Facebook, Twitter, and other popular websites and applications can come back to bite you, especially if it directly insults your workplace or is…
Read MoreI Need More than 12 Weeks of FMLA Leave! What Do I Do?
Employers in every state are required under the federal Family and Medical Leave Act (FMLA) to provide their employees the opportunity to take unpaid leave for medical, military, and maternity/paternity reasons. Employees who take this time are entitled to have their positions reinstated upon their return. How Many Weeks of FMLA Can You Take? Employees…
Read MoreHow to Prove Workplace Discrimination
In the United States, employers are prohibited from discriminating against employees based on protected characteristics such as race, gender, national origin, age, veteran status, disability, or religion. When a person believes that they have been discriminated against, they can file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and may be entitled…
Read MoreEmployment Discrimination Against Interns Unlawful
With summer rapidly approaching, many companies are preparing to hire interns. These interns often take on unpaid positions, but it’s important to understand the specific rules regarding whether interns must be paid. The Department of Labor has defined an intern (without requiring pay) as an individual who works to supplement their educational training, is not…
Read MoreAre You an Employer or Employee?
A recent employment law case evaluated whether a doctor should be considered an employer or an employee. In the disability discrimination case, an anesthesiologist was identified as an employee based on her employment agreement. However, after working for two years, she was promoted and became a shareholder and a member of the board of directors.…
Read MoreADA Lawsuit Filed Against FedEx
Legal news reports that a federal discrimination lawsuit has just been filed against FedEx. The Americans with Disabilities Act claim asserts that FedEx discriminated against a large class of deaf and hard of hearing package handlers and job applicants for many years. Among the allegations include claims that the company failed to provide the workers…
Read MoreEssential Functions of One’s Job Not Dependent Exclusively on Stated Job Requirements
The question of what constitutes an “essential function” of one’s job is a pivotal inquiry in many disability discrimination cases filed under Americans with Disabilities Act, as amended by the ADAAA Amendments Act of 2008 (“ADAAA”). Pursuant to the ADA/ADAAA, it is illegal for your employer to discriminate against “qualified individuals with a disability” in the terms…
Read More11th Circuit Remands Case to Determine What Is an Essential Function Under the ADA
A recent disability discrimination case evaluated whether a Type 1 insulin-dependent diabetic man could maintain his claim for disability discrimination against Federal Express Corporation “FedEx” under the Americans with Disabilities Act (“ADA”) and its counterpart, the Florida Civil Rights Act. In Samson v. Federal Express Corporation, the 11th Circuit Court of Appeals determined that he could. In 2009…
Read MoreTemporary Illnesses or Conditions May Be Covered by the ADA/ADAAA
When does an illness or condition constitute a disability that is covered under the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA)? In a recent case, Gogos v. AMS Mech. Sys., Inc., a pipe welder – Anthimos Gogos – alleged he was fired for seeking medical treatment after his blood…
Read MoreReasonable Accommodations May Not Have to Be Essential to Allow a Worker to Perform Job
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA) protect individuals with “disabilities” from discrimination. Specifically these anti-discrimination laws prohibit discrimination against “qualified individuals with a disability” in the terms and conditions of employment. The ADA & ADAAA also prohibit disability harassment and retaliation against you for complaining about disability discrimination or…
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