An applicant for a job posting in education lists his most recent relevant experience as occurring in 1973. You don’t bring him in for an interview.
Is it gender discrimination?
And if you don’t hire the
Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the history of the case and the first appeal back in 2012 too. Amazingly, it dates to a termination decision way…
Last week, we talked about an employer’s obligations when it comes to an employee who has cancer. But what about an employee’s spouse? Does the employer have any legal obligations there?
Let’s start first with a story:
Jake and his supervisor, Alex, have had a great working relationship but lately, things seems to have changed. At least that’s how Jake sees is after he told Alex that his wife is suffering from a long-term disability — cancer.
Although Jake has been a good performer for years, Alex has recently expressed his concern that Jake will not be able to satisfy the demands of the job due to the need to care for his wife. Alex begins to set unrealistic deadlines for projects for Jake and even yells at Jake in front of co-workers about the need to meet the deadlines.
Alex also began requiring Jake to meet company policies that have never been strictly followed, such as giving 2 weeks advance notice of leave. Now, Alex has removed Jake from team projects because Jake’s co-workers don’t think Jake can be counted on to complete his share of work “considering all of his wife’s medical problems.
Jake is frustrated. He’s complained to management but to no avail. Now what?
At first glance, you might think this is a FMLA issue; taking time off for a family member’s serious health condition is one of the key points of the FMLA. But a deeper look shows that’s not really what’s going on. This doesn’t have to do with leave.
Instead, it seems that the supervisor is treating an employee differently because of his relationship with someone who has a disability. The question is — is there a legal claim?
According the EEOC, there is.
Indeed, given this above scenario, the EEOC concluded in Q&A release that “the employer is liable for harassment on the basis of [Jake’s] association with an individual with a disability.” In other words, the employee may have a claim under the ADA.
With the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA claim on the grounds that the employee could not prove he had…