Sometimes what you don’t know can help you. In Guzman v. Brown County, a 911 Dispatcher who was fired after being late repeatedly had her FMLA interference and retaliation claims sent to dreamland by the Seventh Circuit Court of Appeals. The Appeals court held that the moribund claim should stay that way because the Dispatcher
Daniel P. Schwarz
Animals in the Workplace—No, This is Not Another Blog About Sex Harassment
By Daniel P. Schwarz on
Posted in Disability Accommodation
You have just received an e-mail alerting you to a FIDO issue and you are wracking your brain to recall the statute for which FIDO is an acronym. Then you read on and learn the email is from your new HR specialist who seems to put everything in “caps” and the question is about dogs…
Plaintiff Who Could Get to Work On Time By Waking Up An Hour Earlier Was Not Entitled An Accommodation Allowing Her to Be Late.
By Daniel P. Schwarz on
Posted in Disability Accommodation
Years ago, I had a legal assistant who was unable to get to work on time. I finally told her that she had to be in at 8:30 as that was when everyone else started their work day. Three days later, she appeared in my office, walked in and slapped a speeding ticket on my…
Employers Should Engage In the Interactive Process Even If They Believe the Employee Is Not Qualified.
By Daniel P. Schwarz on
Posted in Uncategorized
Diligent and well informed employers know that it is the best practice to engage in an individualized assessment of a requested accommodation. Sometimes an employer may be tempted to refuse to discuss an accommodation because it doesn’t believe that the request is reasonable or because the employee is not “qualified.” It should resist the temptation.…