After being sued for race discrimination, an employer/company filed a motion to dismiss the claims against it, arguing that a single use of the n-word was not sufficient to state a claim for hostile work environment. The lower court agreed
Employment Law Matters, published by Ogletree, Deakins, Nash, Smoak & Stewart, P.C., focuses on issues related to labor and employment law. The blog covers topics such as workplace compliance, employee rights, employer obligations, workplace policies, legal risks associated with workplace relationships, health and safety regulations, and recent legal developments affecting employers and employees. It also addresses practical guidance on handling difficult workplace conversations, communication skills, and regulatory compliance in various jurisdictions. The content is aimed at helping employers and legal professionals navigate complex employment law challenges and maintain lawful and effective workplace practices.
The Americans with Disabilities Act (ADA) requires both a disabled employee and her employer to work interactively to identify reasonable accommodations for the disabled employee. The 7th U.S. Circuit Court of Appeals has underscored that requirement by dismissing the claims…
The Family and Medical Leave Act (FMLA) makes it unlawful for an employer to “interfere with, restrain, or deny the exercise of or the attempt to exercise” an individual’s rights under the FMLA, or to retaliate against an employee for…
The 3d U.S. Circuit Court of Appeals may have expanded the mechanisms available for individuals who plan to bring claims of sexual harassment or discrimination against an employer that conducts educational programs or activities, specifically including private teaching hospitals.
Recently,…
In a recent unpublished opinion, the 11th U.S. Circuit Court of Appeals issued a carefully considered and well-structured instruction for those who want to further understand the concept of “essential functions” of a position in cases under the Americans with Disabilities…
According to a federal judge in Pennsylvania, employees are not entitled to the job restoration protections of the FMLA after the statutory leave has expired, even where the employee has received permission from the employer to extend that leave. Wevodau…
The attorney-client privilege is sacrosanct to most attorneys, especially those attorneys who hold in-house positions. The privilege often – and appropriately – is asserted by in-house counsel to protect communications that were conducted with certain individuals while those individuals were…