Employer Lawfully Terminated Disabled Employee for Inappropriate Conduct

Employers are often — perhaps with good reason– hesitant to take drastic disciplinary action against a disabled employee for fear that the employee will sue for discrimination. While the Americans with Disability Act (ADA) and other similar state and local laws prohibit unfair treatment of the disabled, the laws still permit employers to take justified… More

Navy’s Blue Angels Commander Reprimanded for Supporting Hostile Work Environment

According to published reports, the former commander of the celebrated Blue Angels flight demonstration squadron, a group often thought of as the face of the Navy, was recently reprimanded after an investigation indicated he failed to stop sexual harassment and condoned and participated in other inappropriate workplace behavior. The 63-page investigative report released by the… More

Harassment by Third Party Just as Serious as Harassment by Employees

Think you are off the hook because your employee is complaining that a vendor or a client harassed her?  Think again.  The Fourth Circuit (covering Maryland, North Carolina, South Carolina, Virginia and West Virginia)  recently ruled in Freeman v. Dal-Tile Corp. (4th Cir. 2014) that employers are liable for a third party’s harassment of its… More

Proper Documentation Overcomes Speculative Retaliation Claim

A deaf employee was fired because of offensive behavior.  The employee sued claiming the termination was retaliation for his complaints about the quality of his Americans with Disabilities Act (ADA) accommodation. Pearlman v. Pritzker (4th Cir. 2014).   The employer was able to successfully defend itself (At summary judgment!! Meaning it avoided the expense of a… More