If you have epilepsy, your employer may be required to provide accommodations… IF you’re otherwise qualified for the job.

The Americans with Disabilities Act (“ADA”), as amended by the Americans with Disabilities Act Amendment Act (“ADAAA”), may provide protections for people with epilepsy. One of the protections mandated by the ADA is that covered employers must provide reasonable accommodations to qualified individuals with disabilities, so long as that the accommodations are not an undue […]

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When your manager tells you, “They’re making me do this,” make sure to ask why they’re making her do this.

Laing v. Federal Express Corporation, 703 F.3d 713 (4th Cir. 2013).  In Laing, the plaintiff lost her case in the trial court and on appeal. Both courts applied a legal standard whereby all facts had to be viewed and all reasonable inferences had to be drawn in the light most favorable to the plaintiff. The plaintiff described […]

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You can treat pregnant employees badly, so long as you treat all your employees badly.

Young v. UPS, ___ F.3d ____, No. 11-2078 (4th Cir. Jan. 9, 2013). Peggy Young began working at UPS in 1999. From 2006 until the end of her employment with UPS, she worked as a part-time, early morning driver. In July of 2006, Young requested and received a leave of absence so that she could undergo in […]

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You’re Asking For Trouble When You Tell the EEOC, “Make Me.”

Most cases about which we report in our blog are in a similar procedural posture: a plaintiff sues a defendant, and the court makes a finding that we, in turn, find interesting and want to share. Equal Employment Opportunity Commission v. Randstad, Case 11-1759 (4th Cir. July 18, 2012) is different. Instead of litigation between an employee […]

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If your employer says you’re fired, they can’t take it back later.

Dulaney v. Packing Corp. of America and Bobby Mills, No. 10-2316, ___ F.3d ___, 2012 U.S. App. LEXIS 5104 (4th Cir. March 12, 2012). Before we launch into the recitation of the facts in this case, an important disclaimer is in order. This decision arises out of a motion for summary judgment. When a court […]

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If you’re a member of a protected class, you probably shouldn’t work for a religious institution.

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission et al., ___ U.S.___ (2012). Hosanna-Tabor Evangelical Lutheran Church and School employs two types of teachers, which Hosanna designates as “called” teachers and “lay” teachers. A called teacher must complete training that includes theological study, and upon completion of his or her training is designated a “Minister […]

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You can put your arms around your co-worker, just don’t be rude about it.

Balas v. Huntington Ingalls Industries, Inc., Civil Action No. 2:11-cv-347 (E.D. Va. January 18, 2012). Plaintiff Karen Balas sued her former employer, Huntington Ingalls Industries, alleging sexual harassment under Title VII of the Civil Rights Act of 1964 (“Title VII”), retaliatory termination under Title VII, wrongful discharge, assault and battery, and intentional infliction of emotional […]

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If you don’t know the ropes then you may be left high and dry.

Victoria Tillbery v. Kent Island Yacht Club, Inc., No. 10-1730 (4th Cir. Jan. 19, 2012) (unpublished).   Victoria Tillbery was a waitress at the Kent Island Yacht Club, Inc. On April 22, 2009, she complained to the Equal Employment Opportunity Commission (“EEOC”) by filling out an online questionnaire. Ms. Tillbery stated in the questionnaire that she […]

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Before you make the plaintiff’s lawyers work extra hard, be sure you can afford to pay them if they win.

Coles v. Deltaville Boatyard, Case 3:10-cv-491 (E.D.Va. Dec. 19, 2011). In this case, the federal district court in Richmond awarded over $62,000 in fees and costs to the plaintiff as the “prevailing party” where the plaintiff had been awarded only $2,000 in trial, a result the court initially called “de minimis.” The underlying case is […]

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