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Mindy Chapman, Esq., Mindy Chapman & Associates

Same job, different office: Is that considered retaliation?

11/13/2014
Some employees believe that anything negative that happens after filing a complaint must be retaliation. Not true.

He never applied; but can he still sue for hiring bias?

10/06/2014
In most cases, people who file discrimination lawsuits (age, race, sex, etc.) based on hiring decisions are people who applied and were officially rejected. But what if someone simply believes the employer would favor one gender—and he never actually applies? Can that person still sue for hiring discrimination?

Can workplace cliques be proof of racial discrimination?

09/09/2014
You may think that what employees do in the breakroom or at post-work happy hours is their own business. That could be an expensive mistake.

Is ‘We’re short-staffed’ a legal reason to deny medical leave?

07/21/2014
Employers must be fully staffed to function efficiently. But what if you’re already short-staffed and an employee requests leave for a last-minute medical appointment? Just how much scheduling chaos must you tolerate before saying “no”?

Take that! EEOC says you may have to let workers steal

06/16/2014

We all understand that granting reasonable accommodations to disabled workers (as required under the ADA) may include providing employees with a new chair or granting more flexible break periods. But a new case last month says employers may have to allow a worker to steal their merchandise as a reasonable accommodation. Really?

Would a disability accommodation work? Test and see

05/19/2014

Let’s say you have an employee who is returning to work from an injury. The ADA requires you to offer her a “reasonable” accommodation, but you want to make sure the accommodation is safe. So you decide to have the employee demonstrate that accommodation to see for yourself. That’s a smart move … just make sure you follow through on the demonstration.

Does your discipline policy grant ‘one harassment free’?

07/24/2013
We all struggle with drafting policies. In the following case we learn that leaving certain words out of your disciplinary policy can be just as legally dangerous as putting the wrong words in. In this case, the employer’s discipline policy essentially allowed employees to engage in one act of sexual harassment without being terminated.

Employee leave: When does the FMLA stop, and ADA begin?

04/17/2012
FMLADA! Sometimes employment laws just look all blurry. Where does one law stop and the other law start? One court last month answered this question with a bright-line finding. The ADA doesn’t always have to kick in after FMLA leave …

FMLA: Worker may be protected even before she’s eligible

03/13/2012
We all know new employees aren’t covered by the FMLA until they’ve worked the required 1,250 hours in the past 12 months. But one court recently ruled that pre-eligible employees may be protected in certain cases. Exactly what are they?

HR’s loose lips can sink your company’s defense

02/07/2012
Sometimes in HR, you know more than you want to know. But as this new court ruling shows, sharing in­­side information with an employee isn’t a smart move … for your em­­ployer or your career.