The Employment Brief | Employment Law | Kollman, Saucier & Jackson, P.A.

What Did You Learn in School Today Johnny? Oh, That’s Right, There’s No School...

Kollman, Saucier, & Jackson

09/12/2012

So, school is out for children in the Chicago Public Schools (CPS) - the nation’s third largest school district - and it looks like it will be for the foreseeable future. The Chicago Teachers Union continues to strike and has stated that, despite the offer of a huge 16% pay increase over four years, the parties are far apart in reaching a contract. It has been 25 years since there was a teacher strike in Chicago. Even more interesting, the union...

Kollman, Saucier, & Jackson

09/10/2012

Agency Activity, Employment Discrimination

On September 4, 2012, the EEOC released its Draft Strategic Enforcement Plan for 2012-2016, and identified numerous high priority agenda items for the Plan. Chasing systemic recruiting and hiring discrimination will be the agency’s first priority, and specifically identified pre-employment tests, background screens and date of birth screens in online applications as employment practices of particular interest. Its second priority is protecting...

Kollman, Saucier, & Jackson

09/10/2012

Business Law

For the past 12 years, the Seventh Circuit has held that the ADA does not require an employer to reassign employees to a vacant position as a reasonable accommodation. The court has now retreated from that position in EEOC v. United Airlines, Inc., No. 11-1774 (7th Cir. Sept. 7, 2012). Back in 2000, the court ruled in EEOC v. Humiston-Keeling, 227 F.3d 1024 (7th Cir. 2000) that, while the ADA mentions reassignment as a reasonable accommodation,...

Kollman, Saucier, & Jackson

09/07/2012

Employee Benefits, Retaliation

Section 510 of the Employee Retirement Income Security Act (ERISA) protects employees from being fired, and other adverse employment actions, because the employee has complained about benefit issues. The courts interpreting this retaliation protection have differed, however, on what is considered a protected complaint. The Seventh Circuit Court of Appeals, in George v. Junior Achievement of Central Indiana, Inc., No. 11-3291 (7th Cir. Sept. 4,...

Kollman, Saucier, & Jackson

09/05/2012

Disability & Leave, Employment Discrimination

The Americans with Disabilities Act (ADA) requires that an employer provide a reasonable accommodation (without undue hardship) to a qualified individual with a disability to enable her to perform the essential functions of the job. An employer need not – and should not – eliminate an essential function of a job for a disabled employee. To do so turns the ADA on its head, with the employer basically saying “that’s ok, we don’t expect as...

Frank Kollman

08/30/2012

Disability & Leave

A federal appeals court in Donnelly v. Greenburgh Central School District No. 7, No. 11-2448 (2d Cir., August 10, 2012), is permitting a teacher to proceed with his FMLA retaliation claim because the school district referred, in part, to his FMLA absences to lower his overall evaluation. The lower evaluation was then used to deny the teacher tenure. It is important to remember that courts treat FMLA absences as “off-base” for any adverse...

Kollman, Saucier, & Jackson

08/28/2012

Employment Discrimination

The Seventh Circuit has split from all of the other federal appellate courts that have addressed the issue to hold that the Age Discrimination in Employment Act (ADEA) does not preclude the bringing of a Constitutional equal protection claim under 42 U.S.C. § 1983. Levin v Madigan, 2012 U.S. App. LEXIS 17291 (7th Cir. August 17, 2012). Every other appellate court has followed the Fourth Circuit’s decision in Zombro v. Baltimore City Police Dept.,...

Kollman, Saucier, & Jackson

08/27/2012

Disability & Leave

The American with Disabilities Act (ADA) generally prohibits employers from asking disability-related questions to employees or applicants or requiring them to submit to a medical examination, unless the examination or questions are “job-related and consistent with business necessity.” 42 U.S.C. § 12112(d)(4)(A). The statute’s limits on disability-related inquiries can create difficulties for employers wishing to implement a wellness...

Kollman, Saucier, & Jackson

08/24/2012

Disability & Leave, Employment Discrimination

Emily Kroll was working as an EMT for White Lake Ambulance (WLA) when her supervisor began to get reports from employees about concerns over Kroll’s well being. The supervisor also received a complaint that Kroll had screamed at a “male acquaintance” on the phone while driving a vehicle with a patient in emergency status. The supervisor told Kroll to attend counseling if she wanted to continue working at WLA. She said “no” and left the...

Kollman, Saucier, & Jackson

08/22/2012

Legislative Developments

A new law in New York State makes it illegal to require a person to disclose his or her social security number for any purpose. The new law, which goes into effect on December 12, 2012, adds a new Section 399-ddd to the state’s General Business Law. Significantly, the prohibition on disclosure extends to “any number derived from” a person’s social security number. As a result, employers cannot require employees to disclose the last four...

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What Did You Learn in School Today Johnny? Oh, That’s Right, There’s No School...

Equal Employment Opportunity Commission Will Target Hiring and Recruitment Discrimination

In Turnabout, Seventh Circuit Says Reassignment Is ADA Reasonable Accommodation

ERISA’s Anti-Retaliation Clause Protects Unsolicited, Informal Internal Complaints

Rotating Shift Requirement is Essential Function of Job

Employee Criticized for “Excessive Absences” May Have An FMLA Retaliation Claim

Circuit Split Created on ADEA and Section 1983

Appellate Court Rules Wellness Program Permitted Under ADA

Telling an Employee to Attend Psychological Counseling May Violate the ADA

New York Law Prohibits Disclosure of Employee Social Security Numbers

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