Employers can defend themselves against claims made under the Americans with Disabilities Act (ADA). But they must follow their stated employment policies and document everything that happens along the way. The U.S. Court of Appeals for…

When an African-American employee was terminated, he cried foul. His claims included retaliation and violations of 42 U.S. Code Section 1981 and Title VII of the Civil Rights Act of 1964. The case, Mitchell v. Mercedes Benz U.S.…

Was an employee’s creative sales strategy the reason he was terminated — or was that simply a pretext? In Ng-A-Mann v. Sears, Roebuck Co., the U.S. Court of Appeals for the Fifth Circuit considered whether the plaintiff established that…

In a Title VII race discrimination action, the U.S. Court of Appeals for the Third Circuit considered whether a temporary worker assigned by a staffing agency to a retail store was a joint employee of the agency and store. As Faush v.…

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On March 13, 2014, President Obama instructed the Department of Labor to update federal regulations defining which “white collar” employees are protected by minimum wage and overtime rules.  This past summer, the Department of Labor…

It’s not enough for employers to make nondiscriminatory promotion decisions. They also must prevent their managers from making comments that create a perception that discrimination is in play. Recently, the U.S. Court of Appeals for the…

When do legitimate reasons to terminate an employee become pretext for disability discrimination? In Burton v. Freescale Semiconductor, Inc., the U.S. Court of Appeals for the Fifth Circuit considered this question, as well as whether two…

Can an employer require an employee to undergo a fitness-for-duty evaluation? Or does such a demand violate the Americans with Disabilities Act (ADA)? The appellate court in Wright v. Illinois Dept. of Children and Family Services…