|Riverside Geyser in Yellowstone NP|
Sunday, January 29, 2017
Title VII and Sexual Orientation Discrimination: What would Justice Scalia have said?
Friday, January 20, 2017
DeWitt v. Southwestern Bell Tel. Co.: When can an employer fire an employee with a disability for poor performance?
[I]nstead, she requested retroactive leniency for her misconduct. Specifically, Ms. DeWitt requested that SWBTC overlook that she hung up on at least two customers while on a Last Chance Agreement. Such retroactive leniency is not a "reasonable accommodation" as defined by the [ADA].
Monday, January 16, 2017
Karlo v. Pittsburgh Glass Works, LLC: The Infinitude of Disparate Impact Claims
Sunday, January 8, 2017
Breasts, part 2: Is it unlawful sex discrimination to require female employees to wear bras?
Friday, January 6, 2017
Celebrating Breastaurants and the Trump Inauguration
With Donald Trump's inauguration as America's 45th President only two weeks away, I thought it an opportune time to highlight the 20th anniversary of the landmark 1997 settlement of sex discrimination claims brought by men denied employment by Hooters. As a result of the settlement, Hooters agreed that it would fill some positions without regard to sex, but the iconic Hooters Girl has continued to be the public face/bosom of the company.
Tuesday, January 3, 2017
Hale v. Johnson: National Security and EEO Law
Under EEO law, there are two primary exceptions for practices implicating national security, and in Hale v. Johnson, No. 16-5475 (6th Cir. Dec. 29, 2016), the Tennessee Valley Authority tried to stretch the bounds of both of these exceptions. In Hale, the United States Court of Appeals for the Sixth Circuit rejected the TVA's contentions that the court lacked jurisdiction over the disability discrimination claim of James Hale because the decision to terminate Hale for failing a physical fitness test was based on considerations of national security.
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