Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Mathew Moldawer
Mathew Moldawer
01/25/2024
ADA, Age Discrimination, Employment Discrimination, Hiring Process
Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.”  Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission.  Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...
read more

Seeking Workplace Culture Change Not an Accommodation Request

Darrell VanDeusen
Darrell VanDeusen
01/04/2024
ADA, Employment Discrimination, Reasonable Accommodations/Undue Burden
I was told by someone smarter than me (my wife, who’s a long time ago fully recovered lawyer) that my last blog had a bit too much law in it.  So, I am cutting back on the citations. This blog focuses on a Fourth Circuit decision issued this week that merges the Americans with Disabilities Act (ADA) with the political climate that emerged over the last ten years.  Kelly v. Town of Abingdon, __ F.4th __, 2024 U.S. App. LEXIS 14 (4th Cir. Jan. 2,...
read more

“How Long Must I Wait?” . . . FMLA Style

Darrell VanDeusen
Darrell VanDeusen
11/21/2023
ADA, FMLA
The Pennsylvania based rock band Dr. Dog has a song on its 2012 album “Be the Void” titled How Long Must I Wait?  It has a line in the second verse about the battle of Baltimore.  Extra credit there because it’s geographically local.  What got me thinking about it was an Eleventh Circuit oral argument held in a FMLA case last week.  Magwood v. RaceTrac Petroleum, No. 22-12501 (11th Cir.) (arg. held 11/16/23).  The plaintiff appealed the...
read more

Trouble Ahead, Trouble Behind: ADA Week continued

Darrell VanDeusen
Darrell VanDeusen
10/12/2023
ADA, EEOC, Employment Discrimination, Fitness For Duty Evaluations
Nearly everyone recognizes the Grateful Dead song “Casey Jones.”  It was first performed live by the Dead on June 20, 1969, at Fillmore East in New York (it’s track 8 on Workingman’s Dead).  It tells the true story of John Luther “Casey” Jones, from Cayce, Kentucky. Casey was a railroad engineer who drove a fast train and who died in 1900 when he collided with another train. A few days after the accident, Jones’s friend Wallace...
read more

Its Disability Employment Awareness Month

Darrell VanDeusen
Darrell VanDeusen
10/09/2023
ADA, Employment Discrimination
According to the U.S. Department of Labor (DOL), October is National Disability Employment Awareness Month (NDEAM).  And 2023 is the 33d anniversary of enactment of the ADA, which was signed into law by President George H.W. Bush on July 26, 1990.  My blogs this week will focus on ADA issues. The choices are nearly limitless.  Recall that, while the ADA was the first nationwide law to apply to private and public sector employers – like Title...
read more

ADA May Require Reasonable Accommodations Related To Work Commutes

Clifford Geiger
Clifford Geiger
09/06/2023
ADA, Disability & Leave, EEOC, Reasonable Accommodations/Undue Burden
Federal Circuits are split over whether the Americans with Disabilities Act (ADA) requires employers to accommodate commuting or transportation difficulties outside the work environment.  In late July 2023, the U.S. Court of Appeals for the Seventh Circuit decided a case applying the ADA to an employee who requested a schedule change because his cataracts made it difficult to commute safely at night.  The Seventh Circuit concluded the ADA might...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.