There have been two employment cases decided by the Texas Supreme Court in the last several months. However, because I expect them to have little impact on Texas jurisprudence, I have not been compelled to write about them before today. However, in the interest of keeping the blog up-to-date with each of the employment cases from the
Fifth Circuit Holds that Volunteer Firefighter is not an “Employee” for Purposes of Title VII
In an issue of first impression in this Fifth Circuit, the Court held that a volunteer firefighter making a Title VII claim of sexual harassment is not an “employee” for purposes of the statute and therefore had no legal claim.
The case arose from a suit filed by a former firefighter for the Livingston Parish
Fifth Circuit Interprets Ministerial Exception Broadly in Case of First Impression
Last term the U.S. Supreme Court confirmed the existence of the ministerial exception to many of the federal employment discrimination laws. This week, the Fifth Circuit took up the application of the ministerial exception for the first time since the Supreme Court’s opinion in Hosanna-Tabor and applied the exception broadly.
Philip Cannata was the Music
Has the Expanded Definition of Disability under the ADAA Gone Too Far?
Daniel Schwartz at the Connecticut Employment Law Blog has an interesting post today about the effect the American Psychiatric Association’s proposed changes the Diagnostic & Statistical Manual could have to the Connecticut body of disability discrimination law. While Connecticut is unique, according to Schwartz, in its definition of disability and expressly includes mental conditions listed in
Applicants with Trouble Going “Tinkle” May Be Entitled to Take Other Forms of Drug Tests as Reasonable Accommodation
@RussellCawyer “Shy Bladder Syndrome” ADA “Reasonable Accommodation” EEOC
Continue Reading Applicants with Trouble Going “Tinkle” May Be Entitled to Take Other Forms of Drug Tests as Reasonable Accommodation
Large Texas Employer Announces it Will Not Consider Applicants for Employment Who Use Products with Nicotine
One of North Texas’ largest employers announced that it will not longer hire or consider for hire any individual who uses any nicotine product (i.e., cigarettes, nicotine gum or patches, chewing tobacco or electronic cigarettes). Baylor Health Care Systems announced its new policy on the careers page of its website stating:
Transitioning HR Professionals –Look to Verizon for Employment
Verizon agreed to pay $20 million dollars and ceasing using its no-fault attendance policy for absences caused by impairments qualifying as disabilities under the ADAAA. Whatever the size of Verizon’s Human Resources Department, it looks like its going to need to be a lot larger.
As part of the settlement with the EEOC, Verizon agreed that
EEOC Takes Hog-Like Approach on Attendance as Essential Job Function
There’s an old saying in rural America that "pigs get fat and hogs get slaughtered." We used the phrase to describe someone who, instead of being satisfied with what he has, gets greedy. In the litigation context it can be used to describe a party that takes overly aggressive, unreasonable and untenable positions. My fellow bloggers, Work Blawg
EEOC Holds Hearing on Leave of Absence as Reasonable Accommodation
This week the EEOC held a hearing on whether new or updated regulations and enforcement guidance was needed with respect to providing leave of absence as a reasonable accommodation for disabled employees. The EEOC has recently been very aggressive in bringing suit against employers that use maximum leave policies or "inflexible" policies that provide no exception for reasonable accommodation.
Could the EEOC Sue on Behalf of an Employee Who Wanted the Right to Masturbate at Work?
There has been a lot of ink spilled and kilobytes written about how the ADA Amendments Act has substantially expanded the rights of individuals with disabilities to seek and obtain reasonable workplace accommodations. (See post, post, post, and post). The increase in the number of applicants and employees who qualify for reasonable accommodations and