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In my last blog, “DEI Run Amok: First Thing We Do, Let’s Get Rid of the White Guys,” I addressed the dangers an employer faces when it purges white employees from the workforce in the pursuit of DEI objectives. Today, we address the opposite – employees who refuse to participate in DEI initiatives, like unconscious…
Read MoreWith apologies to Shakespeare, the above version of his oft-quoted passage is a good reflection of what not to do when carrying out Diversity, Equity and Inclusion initiatives, as a North Carolina healthcare conglomerate learned the hard way – to the tune of $2,457,527 in backpay, $1,078,066 in front pay, $332,793 in prejudgment interest, and…
Read MoreIf an employee with a history of anxiety presents a list of requested actions for workplace grievances and labels it a “request for accommodation,” is it? How do you distinguish between gripes about the work environment and legitimate requests for accommodations under the ADA? In Kelly v. Town of Abingdon, 90 F.4th 158 (4th Cir.…
Read MoreHave you ever wondered whether some hip-hop music, with its misogynistic, sexually graphic lyrics and frequent use of the “n-word,” could form the basis of a harassment claim if played in the workplace? If so, you now have an answer. In Sharp v. Activewear, L.L.C., 69 F.4th 974 (9th Cir. 2023), the Ninth Circuit addressed…
Read MoreAs the calendar flips to January, many companies take the opportunity to review and fine tune their employee handbooks. Having reviewed (and litigated) countless handbooks over the years, I have come upon a number of provisions that generally create more problems than they purport to solve and should be avoided at all costs. Here are…
Read MoreEmployers recognize that they have a duty to reasonably accommodate employees with disabilities that substantially limit their ability to perform the essential functions of their job. But what about disabilities that limit their ability to get to work? Does the duty to accommodate extend to the commute? The Seventh Circuit recently tackled this issue and…
Read MoreThere was a time in the not too distant past when working from home was generally not a reasonable accommodation under the ADA. Mobley v. Allstate Ins. Co., 531 F.3d 539, 547-48 (7th Cir. 2008). In fact, the Seventh Circuit was quite emphatic in its position on this issue: “[A]n employer is not required to…
Read MoreIn a companion decision to its ruling on the OSHA vaccine mandate, the Supreme Court issued another stay – but this one on injunctions that had been issued enjoining regulations issued by the Secretary of Health and Human Services mandating that recipients of Medicare and Medicaid funding (e.g., hospitals, outpatient rehabilitation facilities, skilled nursing facilities,…
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