Seventh Circuit Reverses Course on Employer's ADA Reasonable Accommodation Obligations

In EEOC v. United Airlines, the Court of Appeals for the Seventh Circuit held that an employer, as part of its reasonable accommodation obligations under the Americans with Disabilities Act (“ADA”), must reassign a disabled employee to an open and available position regardless of whether there might be a better or more qualified applicant for […]

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Fifth Circuit Finds Firing a Woman for Expressing Breast Milk is Sex Discrimination

The U.S. Court of Appeals for the Fifth Circuit recently held that firing a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII of the Civil Rights Act. Title VII of the Civil Rights Act prohibits discrimination on the basis of sex, which, until Congress enacted […]

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Recent Lawsuit Tests Ministerial Exception

Generally, the “ministerial exception” allows religious employers to avoid liability for discrimination claims when making employment decisions concerning employees who qualify as “ministers.”  The exception is rooted in religious freedom principles found in the U.S. Constitution.  Specifically, the First Amendment of the U.S. Constitution provides that “Congress shall make no law respecting an establishment of […]

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Record Retention Policy: A Start to Being Litigation-Ready

Almost 99% of today’s information created by businesses is generated and stored electronically.  The ability to easily and conveniently store large amounts of data has created a hidden liability that did not exist in the age of when companies maintained its information primarily in paper format.  The effect of this hidden liability is twofold.  First, […]

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Does Your "At-Will" Employment Statement Violate the National Labor Relations Act?

To maintain its relevancy and expand the scope of its authority, the NLRB continues its attack upon non-union employers’ policies.  This time the NLRB has positioned its cross-hairs upon employers’ “at-will” employment policies or statements.  Most non-union employers include within their employee handbook a statement that employees’ employment is “at-will,” meaning either the employee or […]

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