Fair Employment Practices Guidelines articles from March 2005

Fair Employment Practices Guidelines archives from March 2005

Service dog versus therapy dog and the duty of reasonable accommodation: what the ADA says.(Americans With Disabilities Act)
March 1, 2005... Suppose you have an employee with a history of emotional and psychological problems who wants to bring a "therapy dog" to work every day. She has a note from a doctor saying the animal is necessary to her well being. However, her supervisor...

"Early termination" under the FMLA.(Family and Medical Leave Act)(Northeast Ohio Alzheimer's Research Center)
March 1, 2005... If an employee is not going to be able to come back to work at the end of her FMLA leave, can you terminate her early, that is, before she has used up all the FMLA leave she is entitled to? Yes, said a federal court in Illinois, but only if...

Smokers need not apply.(Weyco Inc)
March 1, 2005... You may have heard about the company in Michigan that made national headlines by firing employees who refused to quit smoking, not just at work, but anywhere, anytime. According to one news report, Schultz, Lee, and Lacy, "Workers Fume as...

Ask the expert: Q&A.(Question and Answer)
March 1, 2005... Q Is there any particular format to follow when issuing a disciplinary warning? I mean, are there certain things you have to say, or cannot say, from a legal point of view? Do warnings always have to be in writing? A No, there is no...

Hostile environment can be adverse action under state FEP Law.(Massachusetts)(Fair Employment Practices)(Brief Article)
March 1, 2005... In a case of first impression, the First Circuit has ruled in Noviello v. City Of Boston, 2005 WL 357671 (2005) that a hostile work environment, in and of itself, can constitute an "adverse job action" under both Title VII and the...

Plaintiff fired for Misconduct, not because of national origin.(Michigan)(Brief Article)
March 1, 2005... The plaintiff sued United Parcel Service (UPS) for national origin discrimination (Hispanic) under the Elliott-Larsen Civil Rights Act (Michigan) after UPS terminated him for failure to follow management instructions. However, UPS proved the...

Voluntary retirement program does not prove age discrimination.(Ohio)(Brief Article)
March 1, 2005... Implementing a voluntary retirement program and allowing an earlier age for eligibility, as opposed to selecting an employee for layoff merely because he is eligible for retirement, does not prove age discrimination under Ohio law, the Court...

Plaintiff must arbitrate her "wrongful discharge" claim.(Texas)(Brief Article)
March 1, 2005... The plaintiff is bound by a mandatory arbitration provision in the group health plan, the Court of Appeals of Texas held in In re Mission Petroleum Carriers, Inc., 2005 WL 326848 (not reported). Mission offered its employees a health and...

Plaintiff must prove "sexual desire" to prove same-sex harassment.(Utah)(Brief Article)
March 1, 2005... In another case of first impression, the Tenth Circuit in Dick v. Phone Directories Co., Inc., 2005 WL 327702 (2005) held that when a plaintiff attempts to prove sexual harassment in a same-sex case, he/she must prove that the "harasser's...

No action for "wrongful discharge" where state law provides a remedy.(Wyoming)
March 1, 2005... The plaintiff, a female bartender, sued the employer, a private membership club, for sexual harassment based on harassment from a co-worker. She cast her suit as one for wrongful discharge in violation of public policy. However, the Supreme...