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Can an Employee Assert Defamation Based on Info Given to the EEOC?

the situation A former employee files an EEOC charge. The EEOC requests a position statement and the employer provides it.  Can the employee later use that position statement to support a claim for defamation?

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Is An Allergy a Disability?

the situation An applicant for a position in a hospital has a latex allergy, meaning he could have a reaction to the latex gloves used with regularity in the hospital. Is this allergy a disability? And, if so, what does the hospital have to do to accommodate it?

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How Far Do You Have to Go to Accommodate a Religious Belief?

the situation An employee who is normally scheduled to work one Saturday a month tells you that he cannot do so because he is a Seventh Day Adventist (and thus celebrates Sabbath on Saturdays). You tell him he is free to use leave for any Saturdays on which he would otherwise have to work, but […]

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EEOC Goes After Another Employer For Failing to Extend Leave

the situation An employee who has been out on leave asks for a several extra weeks of leave—putting her over the twelve weeks to which she is entitled under the FMLA. Does the employer have an obligation to consider this request under the ADA?

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Do You Need to Pay Your Interns?

the situation Your company allows students to work during the summers as interns.  Do they have to be paid?

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Harassment Claim Following a Consensual Sexual Relationship?

the situation An employee engages in a consensual sexual relationship with her boss.  After she breaks it off with him, he begins treating her differently.  She is subsequently put on a performance improvement plan and then terminated in connection with a company restructuring.  Can she then bring a claim for sexual harassment?

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Nursing Mother Fired After Dispute About Where She Could Pump—Discrimination?

the situation An employer decides to implement a new policy permitting lactating mothers to express breastmilk only in certain designated lactation rooms. An employee who has been pumping in her office objects to this new policy, claiming that it will inhibit her ability to do her job properly. Following a number of heated exchanges about […]

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Employee Fails to Report Sexual Harassment For Fear of Retaliation-Can She Make a Claim Under Title VII?

the situation Courts have found that employers have a valid defense to a sexual harassment claim if they can show that they have a procedure in place for reporting this type of situation and an employee failed to follow it.  But what if the employee takes the position that reporting it will do no good?

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But It Was For Her Own Good—Is This a Defense to a Discrimination Claim?

the situation An employer finds out that a pregnant employee is considered high risk and so takes her off the schedule based on some concerns about her safety in the workplace. Is this discrimination?

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Over One Million Dollars in Damages for Discrimination Based on Transgender Status?

the situation A professor claims that she was denied tenure only after she began transitioning from male to female-will this support a claim of discrimination based upon gender in violation of Title VII?

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