Uber CEO Argues for New Classification of Worker for Gig Economy

A thought-provoking editorial from Dara Khosrowshahi, the CEO of Uber, about the need for a new (or third) classification of worker to be created under the law. It would involve pulling from both the employment and independent contractor models and creating a new hybrid class of workers that makes sense for our gig economy. In [...]

By |2020-08-29T09:56:31-06:00August 29th, 2020|Uncategorized|0 Comments

What’s a “Qualified Individual” with a Disability under the ADA? The Ninth Circuit Court of Appeals Holds the EEOC to Their Own Definition

As most know, the Americans with Disabilities Act only protects “qualified individuals” with a disability from employment discrimination. But what does it take to be a “qualified individual?” The U.S. Equal Employment Opportunity Commission previously issued interpretive guidance that established a two-step process for determining when someone is a qualified individual: “The first step is to determine [...]

By |2020-06-06T10:29:12-06:00June 6th, 2020|Uncategorized|0 Comments

Are “Unreasonable” and “Undue Hardship” Synonymous Terms under the ADA?

Do you ever lay up late at night thinking about deep employment law questions? Wow, that's funny, so do I! Here’s one for you: under the Americans with Disabilities Act, when we say that an accommodation requested by an employee is “unreasonable,” are we also saying that it creates an “undue hardship” for the employer? In other [...]

By |2020-05-28T20:20:28-06:00May 28th, 2020|Uncategorized|0 Comments

Recent Research Study Shows Candidates Online Self-Absorption and Opinionatedness Impact Hireability

Researchers at Penn State just released an interesting study about how job candidates’ social media activity can impact hireability.  Previous studies show that up to 70% of employers look at candidates’ social media activity when doing their due diligence in the hiring process—and we all know it’s a very common practice by hiring managers. In [...]

By |2020-02-24T19:42:59-07:00February 24th, 2020|Uncategorized|0 Comments

Rock ‘n Roll Singer on FMLA is Now Singing the Blues

In a recent FMLA case, a county maintenance worker was approved to take intermittent leave whenever his esophageal achalasia (a throat condition) flared up. This employee also happened to be a singer in a local rock ‘n roll band. Under the robust category of “be-careful-what-you-post-on-Facebook-whenever-you-take-FMLA-for-your-throat-condition-and-also-happen-to-be-the-leader-singer-in-a-band,” coworkers saw pictures and videos of him on Facebook belting out the [...]

By |2020-02-22T08:48:32-07:00February 21st, 2020|Uncategorized|0 Comments

ADA Claims are #1 at the EEOC in 2019!

Wow.  It finally happened.  In 2019, ADA disability claims became the #1 type of discrimination claim filed with the EEOC throughout the country (representing 33.4% of all EEO claims filed). Why is this a big deal? For years and years, the most “popular” protected classes were race (#1) and sex (#2) (although in 2018, race, [...]

By |2020-02-13T20:54:56-07:00February 13th, 2020|Uncategorized|0 Comments

When’s the Last Time the US Congress Passed a Major Employment Law?

A Great Conversation Starter: When's the Last Time the US Congress Passed a Major Employment Law? The next time you’re at a party here’s a great question to ask a new acquaintance in order to start a stimulating conversation: “when’s the last time the US Congress passed a major piece of employment-related legislation?” (hmmm, I wonder [...]

By |2020-01-30T18:49:15-07:00January 30th, 2020|Uncategorized|0 Comments

What’s a “Service Animal?” Emotional Support Animals as ADA Accommodations

Are employees with mental health conditions asking to bring emotional support animals (ESAs) with them to work? This growing trend has created challenges for employers, while revealing an ambiguity in Title I of the Americans with Disabilities Act (the section that applies to employers).   Titles II & III of the ADA (which address accommodations [...]

By |2020-01-27T19:58:13-07:00January 27th, 2020|Uncategorized|0 Comments

It’s the Little Things: Managerial “Poor Handling” Increases ADA Claim Risk

You often hear people say that “it’s the little things that count.” Unfortunately, this is true for both positive and negative “little things.”  In my practice, I’ve encountered a lot of problems with “little things” when it comes to the Americans with Disabilities Act… namely, managers (and sometimes even HR representatives) poorly handling employees’ [...]

By |2020-01-27T19:59:15-07:00October 24th, 2019|Uncategorized|0 Comments