Employer’s Denial of a Request for Bereavement Leave may be form of Religious Discrimination

By | September 20th, 2013 | General, News » Leave a comment

Most employers know that it is illegal to discrimination against applicants or employees based on the individual’s religion. But what is a “religion”? Employers may be surprised to learn that a person’s religion under the law includes any sincerely held moral, ethical or religiously inspired belief that “meaningfully occupies a place in the life of […]

Veganism Could be Considered a “Religious View”

By | February 22nd, 2013 | General » Leave a comment

Although most anti-discrimination laws require that an employer refrain from committing certain acts, when it comes to employees’ disabilities and their religious beliefs and practices, employers may have to treat these employees more favorably in certain circumstances– by making “reasonable accommodations” for the employee’s disability/religion unless doing so would cause an undue hardship. Unfortunately for […]

Transfer of Disabled Employee Considered “Reasonable Accommodation”

By | February 11th, 2013 | General » Leave a comment

Employers by now should be well aware of their obligation to provide reasonable accommodations to individuals with disabilities. What is considered “reasonable” however, is the subject of much debate, especially when it comes to transferring individuals into open positions — often ahead of other, arguably more qualified applicants. Recently, the US Court of Appeals for […]

Employees of Oklahoma Public Entities Barred from Suing for Disability Discrimination

By | October 18th, 2012 | General » Leave a comment

Judy Elwell was fired from the University of Oklahoma, where she had been an office worker. Prior to her termination, she had begun suffering from degenerative spinal disc condition. She claims that she sought but was denied an accommodation from her employer and was thereafter fired for her disability. Ms. Elwell sued OU in federal […]

Indefinite and/or Extensive Leaves of Absence not Required by the ADA

By | September 4th, 2012 | General » Leave a comment

In a recent case, Robert v. Board of County Commissioners of Brown County, Kansas, the Tenth Circuit Court of Appeals addressed the issue of what an employer can and cannot do when an employee’s FMLA leave has expired but the employee is medically unable to return to work. In this case, Ms. Robert was an […]

The Americans with Disabilities Act and Employees with HIV/AIDS

By | July 18th, 2012 | General » Leave a comment

At the end of June, the United States Department of Justice issued an informational paper addressing the interplay between the Americans with Disabilities Act and Persons with HIV/AIDS and answering commonly asked questions. The informational piece first looks at the ADA’s definition of a disability and concludes that individuals with HIV, whether symptomatic or asymptomatic, […]

EEOC Loses Claim Brought on Behalf of Fired Deaf Employee

By | July 12th, 2012 | General » Leave a comment

The EEOC lost a claim brought against the The Picture People, who fired an employee who is profoundly deaf because she could not orally communicate with customers. Ms. Chrysler was hired by The Picture People during the holiday season to be a “performer” — an individual who does customer intake, sales, portrait photography, and lab […]

Accommodations not Necessary to Create More or Better Opportunities, Just Same Opportunites as Non-Disabled

By | July 6th, 2012 | General » Leave a comment

In a recent case that arose in the context of equal housing opportunities, the Tenth Circuit Court of Appeals looked at how the statutory purpose behind providing reasonable accommodations limits how far an entity must go in providing such accommodations. The purpose of the reasonable accommodation requirement under the Fair Housing Act is to provide […]

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