Did you know an employer cannot discriminate against you because you have a record of a disability, even if you aren’t currently disabled? We recently settled a case where an employer refused to re-hire an employee who had been off work for over a year because of major back surgery. After his FMLA leave had run out, the employee was terminated but told he was eligible to be re-hired once his doctor released him to return to work. When he had recovered from the surgery and applied to be re-hired, the employer didn’t hire him because they were afraid he would re-injure his back–even though his doctor released him to return to work without restrictions and said his back was stronger than ever. This is considered illegal discrimination under the Americans with Disabilities Act (ADA). [Read more…] about Record of Disability
Archives for April 2015
Top Discrimination Claims: Analyzing the EEOC’s FY2014 Report
Each year, the Equal Employment Opportunity Commission (EEOC) compiles a report listing the major issues, outcomes, and forecasts within the realm of employment equality and discrimination in the United States. The most recent report, which covers from October 2, 2013 through September 30, 2014, reveals a startling number of reports of discrimination across nearly every industry.
In today’s post, we will take a look at the statistics of discrimination in America’s workplaces, as well as highlight several landmark cases litigated by the EEOC in fiscal year 2014 on behalf of workers treated unfairly. If you are facing unrelenting workplace discrimination, you are encouraged to speak to an employment lawyer as soon as possible to learn more about your legal options. [Read more…] about Top Discrimination Claims: Analyzing the EEOC’s FY2014 Report
7 Situations That Do Not Amount to Wrongful Termination
Wrongful termination is a serious offense involving firing an employee for an unlawful reason. The situation can prove tiresome and frustrating, but it can be remedied– unless, of course, the termination was not actually illegal. The following list describes seven situations that may seem wrongful, but are not likely actionable absent extenuating discriminatory or unlawful circumstances. [Read more…] about 7 Situations That Do Not Amount to Wrongful Termination