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Reasonableness, Not Perfection, Wins the Day The Sixth Circuit recently reaffirmed that workplace investigations don’t have to be flawless—only reasonable. In a case involving a long-time delivery driver reassigned after a knee injury, the employer terminated him after credible reports linked him to graffiti found on customer trusses. The employee […]
First Amendment Primer The U.S. Constitution provides that “Congress shall make no law … abridging the freedom of speech…” That means that Congress is prohibited from imposing limitations on free speech. With the passage of the Fourteenth Amendment, that prohibition was extended to state governments. Accordingly, private employers can take […]
Federal Court Clarifies ADA Leave Standards Citing anxiety as her condition, an employee told her employer she could not return “until further notice”. The Eleventh Circuit held that such indefinite leave is not a reasonable accommodation under the ADA. While employers must consider finite leave requests, they are not required […]
Supreme Court Ruling on Reverse Discrimination In a 9–0 decision, the Supreme Court of the United States rejected the standard used by the Sixth, Seventh, Eighth, Tenth, and D.C. circuits, which held that majority group plaintiffs had to meet a heightened burden of proof to establish a claim of discrimination. In […]