Discrimination Law

What Can you Ask about an Employee’s Medications?

the situation One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells the employee he cannot take that medication on the job. Is there anything wrong with his conduct?

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Is Gender Dysphoria a Disability Under ADA?

the situation An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with a female name.  Management refuses to accommodate these requests until her name and gender marker are legally changed from male to female.  The employee’s […]

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Is Telling Someone You Want to Maximize Longevity a Bad Idea?

the situation A 60 year old man applies to be a General Manager of a restaurant after spending over twenty years in the restaurant industry, a number of which were served in a managerial capacity. After interviewing the applicant over the phone, the hiring manager decides to bring him in for a face-to-face interview with […]

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Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?

the situation A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the […]

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Employee Wellness Program—Potential Risks Under ADA?

the situation You implement a voluntary employee wellness program which requires employees to undergo health risk assessments and complete a health history questionnaire.  One of the incentives is that employees who complete the health risk assessment are not required to pay their monthly premiums for single coverage health insurance.  An employee raises concerns about the […]

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Twelve Million Dollars to be Paid out by Restaurant Chain for Age Discrimination

the situation The EEOC took aim at Texas Roadhouse in 2011, claiming that the restaurant chain engaged in a pattern or practice of age discrimination by refusing to hire applicants over the age of 40. According to a press release issued by the EEOC, Texas Roadhouse has now agreed to pay a total of $12 […]

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Discrimination Based on Perceived Sexual Orientation??

the situation An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the […]

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Has Filing an EEOC Charge Just Gotten Easier?

the situation In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make it easier on them and also on the agency itself. The first phase was implemented in 2015 and allowed employers against whom a charge […]

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Firing Six Weeks After Charge Enough to Show Retaliation?

the situation An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can […]

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But He Said it Too! Does Employee’s Use of Racial Epithet Negate Discrimination Claim?

the situation An employee asserts that he has been subjected to a hostile work environment, partially based on claims that other employees and supervisors regularly used racial epithets in his presence.  But, you are aware that the complaining employee had been known to use those very same terms at times. Does that affect his claim […]

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