By Eric B. Meyer
The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job.
In Assaturian v. Hertz Corp., the plaintiff had a series of ailments, which the defendant admitted were ADA disabilities. But, one of the symptoms of these disabilities were angry outbursts, which were directed at subordinates.
(The parties agreed that the plaintiff had anger issues, but disagreed about whether the plaintiff had made the defendant aware of either this disabilities or the symptoms of those disabilities). Read more…
Editor’s note: The Weekly Wrap is taking one more week of vacation. It will return next week.
Even taking into account the usual summer hiring slowdown, the August jobs report from the U.S. Labor Department can only be called surprising.
The Bureau of Labor Statistics said 142,000 new jobs were created in August, a number far off the 220,000 to 230,000 economists forecast. Unemployment inched down to 6.1 percent from 6.2 percent.
It was the smallest increase yet this year, and follows six months of gains over 200,000 jobs each. Going into August, the monthly average gain in new jobs was 230,000. Read more…
Ultimate Software (They’re No. 20 on this year’s Fortune 100 Best Companies to Work for list) just released a whitepaper that looks at Top 5 Talent Acquisition Trends in today’s market.
As much data as we might see on talent acquisition, it’s a perpetually interesting topic to look at because (and Ultimate Software puts it well), “A company can have the right technology, the right infrastructure, the right products and services – yet still fall short of expectations without the right people.”
People are the heart and soul of an organization, and attracting, hiring, and engaging the right people for an organization is vital to its growth and success. The whitepaper highlights that over the past five years we’ve seen a huge change in the landscape of talent acquisition. Read more…
A few weeks ago, I wrote about the unfolding saga of the Market Basket grocery store walkout.
For those not in the know, non-unionized employees walked off the job or protested outside of stores in support of their beloved CEO, Arthur T. Demoulas (called ATD). Market Basket is a family-owned business of several dozen grocery stores across New England. But the family that owns it was fairly evenly divided between those in ATD’s camp and those on cousin’s Arthur S. Demoulas side.
Arthur S. owned 51 percent of the chain and, I think it’s fair to say, had an acrimonious relationship with his cousin, ATD, who owned the remainder. ATD served as CEO until mid-June, when he was fired by the board, led by cousin, Arthur S. That prompted the employee walk-out, demanding the return of ATD. Read more…
By Russell D. Chapman
The U.S. Equal Employment Opportunity Commission has filed its first lawsuit directly challenging the operation of a wellness program.
In EEOC v. Orion Energy Systems, the EEOC alleged that the employer imposed a wellness program on its employees in violation of the Americans with Disabilities Act.
According to the complaint filed Aug. 20, 2014 in the U.S. District Court for the Eastern District of Wisconsin, the EEOC claims that the defendant, Orion Energy Systems, administered a wellness program in which employees were asked to complete a health risk assessment, which included questions regarding medical history and blood work. Read more…
The other day our local paper ran a story about David Danon, a former attorney with the Vanguard Group who’s embroiled in a huge lawsuit over his claim that Vanguard bilked the federal government out of $1 billion and the state of New York out of $20 million by operating an illegal tax shelter.
My husband (who still reads the local paper every day, God bless him), brought the story to my attention, because he knows I’m into that stuff.
Even so, I usually avoid writing much about “that stuff” on TLNT, because there are writers/attorneys here far better equipped to do so than I. But heck, this case compelled me to say a few words. Read more…
By John E. Thompson
After more than a year of litigation (the filing which we reported here), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential plaintiffs of the lawsuit and of the opportunity to join the proceedings.
The judge did not rule that the former interns’ claims under the federal Fair Labor Standards Act are valid. Instead, she decided that the evidence presented to date suggests that other potential plaintiffs are “similarly situated” for FLSA collective-action purposes. Read more…
Human resources firms are among the top revenue-producing sectors on this year’s Inc. 5,000 list of the 5,000 fastest growing private companies in the U.S.
With an aggregate 2013 revenue of $12.13 billion, the 199 self-identified human resource firms cumulatively ranked sixth among the 25 business sectors on the Inc. list.
The group includes HR services firms such as Trinet, the largest company to make the list with reported revenue of $1.6 billion. Its 81 percent growth over three years ranked it 3,821 on the Inc. 5000 list. Read more…
By Eric B. Meyer
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute.
So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create a claim under Title VII. Or does it?
In Bennefield v. Mid-Valley Healthcare, Inc., an employee allegedly complained to her supervisor that a co-worker was creating a hostile work environment by, among other things, calling the employee a “disgusting lesbian” and a “stupid lesbian.” Read more…