Tuesday, April 30, 2013

April 2013 Edition of the Employment Law Blog Carnival is Live!

Lorene Schaffer from Win Win HR has hosted another wonderful edition of the Employment Law Blog Carnival titled, "Tips for HR Spring Cleaning" and it's available here.  Enjoy!

Monday, April 22, 2013

EEOC Releases Q&A on The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking

The Equal Employment Opportunity Commission (EEOC) released a question & answer section on their website regarding "The Application of Title VII and the ADA to Applicants or Employees Who May Experience Domestic or Dating Violence, Sexual Assault or Stalking," which is a topic I discussed on this blog in the aftermath of the unfortunate salon shooting in a Milwaukee suburb.

The Q&A is available here and worth a read for anyone facing these problems in their personal life as they should not let it avoid their work in the workplace and should not be discouraged from discussing it with their employer.

CT District Court Holds an Employee's Being Called "Stupid" Not Enough to Give Rise to "Regarded As" Disability

An employee at a theme park who had no formal diagnosis for the mental retardation and learning disabilities sued his employer for, amongst several other counts, disability discrimination on both the actual and regarded as grounds but a federal district court in Connecticut granted summary judgment in favor of the employer holding that, on the actually-disabled route, “[s]elf-serving testimony, without more, is insufficient to create a material issue of fact…”  On the regarded as route, the court held a reasonable jury could not find that calling someone “stupid” is not evidence that the speaker perceived that person to be substantially limited in any major life activity.

These cases are never easy as employees often feel like their rights are being violated when they're being treated with hostility and being called names like "stupid," and rightfully so.  However, even with the passing of the Americans with Disabilities Act Amendments Act (ADAAA), even though it has made it easier for plaintiff's to show a disability, cases like these show the difficulties plaintiff's still face in proving discrimination and hostile environments.  

The case is Adams v. Festival Fun Parks (d/b/a Lake Compounce Theme Park), Case No. 11CV427.