How Accommodating Must an Employer Be Under the ADA?

The U.S. 7th Circuit Court of Appeals recently held that a reasonable accommodation regulated under the Americans with Disabilities Act (ADA) is one that permits the employee to do his/her job and it need NOT be the accommodation the employee requests. This holding chips away at the widely held belief that disabled employees are super-protected […]

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Family and Medical Leave Act Tips:

Run FMLA time concurrently with sick leave. Although an employee may not want to use FMLA time if he/she has sick time or other paid leave time available, it is up to the employer to designate leave as FMLA-qualifying. This will minimize the amount of time off in any year. Make sure that company policy […]

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The Intersection of Employee Discipline and Harassment/Discrimination Complaints

Can an employee with performance issues “insulate” him/herself from termination by alleging harassment or discrimination in the workplace? Maybe!  The U.S. 6th Circuit Court of Appeals recently allowed a retaliation claim to proceed to trial by an employee who was asked to resign or be terminated one day after she made a sexual harassment report […]

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Creditors Must Be Prudent Handling Discharged Mortgage Debt Obligations

An emerging trend in Bankruptcy law is that debtors’ attorneys are filing class actions against mortgage servicers for violating the discharge injunction codified at § 524 of the Bankruptcy Code. In recent filings, debtors’ attorneys have alleged that: The failure to update a credit report to show that a debt has been discharged is a […]

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FMLA Tips:

Run FMLA time concurrently with sick leave. Although an employee may not want to use FMLA time if he/she has sick time or other paid leave time available, it is up to the employer to designate leave as FMLA-qualifying. This will minimize the amount of time off in any year. Make sure that company policy […]

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New EEOC Enforcement Guidance on Pregnancy Discrimination And Related Issues

On July 14, 2014 the U.S. Equal Employment Opportunity Commission published a document entitled: “Enforcement Guidance: Pregnancy Discrimination and Related Issues.” This document supersedes an EEOC Compliance Manual dating back to 1991. It provides guidance regarding the federal Pregnancy Discrimination Act (PDA) enacted in 1978 and the Americans with Disabilities Act (ADA) as they apply […]

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Fraud Is Alive and Well In 2014

When authorities entered Bernie Madoff’s private offices after his fraud was revealed, they found a silver sculpture in the shape of a screw on his window sill.  The name of his yacht was “The Bull Ship.”  Madoff was laughing in the faces of the thousands of investors he bilked. Today, approximately six years after Madoff […]

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Sixth Circuit Court of Appeals: Individual Chapter 11 Debtors Cannot Retain Pre-Petition Property Pursuant to a Nonconsensual Chapter 11 Plan if Creditors are not Paid in Full

In a recent decision, the United States Court of Appeals for the Sixth Circuit reversed a bankruptcy court decision from the United States District Court for the Eastern District of Tennessee which held that the absolute-priority rule, codified at 11 U.S.C. § 1129(b)(2)(B)(ii), did not apply in light of the 2005 amendments to the Bankruptcy […]

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