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Jon Hyman
Unemployment (or prior lawsuits) as a protected class? Not so fast says the 6th Circuit

Last week, in Berrington v. Wal-Mart , the 6th Circuit considered the issue of whether a company could be liable for refusing to hire someone because he filed an unemployment claim. William Berrington claimed that a Kalamazoo, Michigan, Wal-Mart's...

Robin Shea
EEOC's "emerging issues": LGBT rights, and accommodations for pregnant women

The Equal Employment Opportunity Commission issued yesterday its draft Strategic Enforcement Plan . If you don't have time to slog through all the introductory material, you won't miss a thing if you skip right to Section III (Priorities). The...

David S. Rich
May My Company In New York Make A Deduction From An Employee's Wages To Recoup An Earlier Overpayment Of Wages?

From time to time, because of a mathematical or administrative error by the employer, an employer will, for one or more payroll periods, pay wages to an employee in excess of what the employee has earned. Periodically, owners of a business in New York...

Jon Hyman
How long is too long for a medical leave of absence?

Last year, I suggested that the ADA has swallowed the FMLA for employee medical leaves : The recently amended ADA is expansive enough to cover most medical conditions . If most medical conditions are covered as disabilities, then most employees with...

Philip Miles
Burger King Faces Whopper of a Religious Accommodation Lawsuit - COTW #107

The EEOC served up a "whopper" of a religious accommodation lawsuit on a Burger King (see what I did there?). You can read the Complaint here . The employee's religion is a Pentecostal of Christian faith that requires women to wear only...

Edwin Hopson
Court Holds That Requiring an Employee to Undergo Psyhological Counseling May Violate ADA

On August 22, 2012, the U.S. Court of Appeals for the Sixth Circuit in Kroll v. White Lake Ambulance Authority , ___ F.3d ___, Case No. 10-2348, held that requiring an employee to undergo psychological counseling may violate the Americans with Disabilities...