How to Count HWEs

By Jon Watson Former employees raise long lists of bad acts, going back years, to support claims for hostile work environment (“HWE”). How far back may an employee go for stories to support a HWE claim? All the way back. But only if the bad acts fit together into one actionable HWE. The Eighth Circuit […]

Guideline on Too Much Leave

By Elizabeth Chilcoat Is 6 months’ leave a reasonable accommodation? “Unsurprisingly, the answer is almost always no,” says the Tenth Circuit. Hwang v. Kansas State University, No. 13-3070 (10th Cir. May 29, 2014). Applying the Rehabilitation Act (which mirrors the ADA but applies to federal government employment and organizations receiving federal financial assistance), the court […]

Employer’s Accommodation Is Enough

By Bryan Stillwagon A Dairy Queen appropriately accommodated an employee’s legal blindness, even though it imposed the accommodation unilaterally. In Bunn v. Khoury Enterprises, Inc., No. 13-2292 (7th Cir. May 28, 2014), the employer determined that a legally blind employee could not perform the essential functions in all of the restaurant’s “duty stations.” Rather than […]

Cussing Out The Boss May Be Protected

By Jon Watson During a meeting about commissions and minimum wage and about his own and other sales peoples’ breaks, an employee lost his temper. In a raised voice he called his supervisors names, including “f***ing mother f***ing,” f***ing crook[s],” and an “a**hole,” among others. He also stood up, pushed his chair aside, and told […]