Those who use prescription medications unlawfully and who have a disability related to their unlawful drug use are not protected by the Americans with Disabilities Act (ADA).
A plaintiff can state a successful age discrimination claim…
A plaintiff can state a successful age discrimination claim as long as she or he is replaced by someone younger, even if the replacement is 40 years old or older.
At-will employment is an employment relationship where there…
At-will employment is an employment relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes.
A sitdown strike occurs when the employees take control of t…
A sitdown strike occurs when the employees take control of the factory to prevent it from hiring replacement workers; it is a legally protected activity.
Lucy was severely burned in a house fire when she was a chil…
Lucy was severely burned in a house fire when she was a child. She has extensive disfiguring burn scars on her face and neck. She applied for the position of a cashier at Honeybee Groceries and was not hired, despite her qualifications, because the employer feared that customers would be repulsed by Lucy’s scars. Which of the following would be the most likely outcome if Lucy files a discrimination claim under the Americans with Disabilities Act?
Bob has a mild intellectual disability and a mild form of at…
Bob has a mild intellectual disability and a mild form of attention deficit hyperactivity disorder (ADHD). Though other tasks seem difficult to perform, gardening helps Bob relax and focus, so he trained to be a professional gardener during his college days. He applies for a position as a gardener at the Frisco City Hotel. He tells the interviewer that, despite his impairment, he has been able to work as a gardener in private gardens and estates, and they never have had any issues with his work. However, the interviewer does not hire him, fearing that his disability might affect others’ work. Which of the following holds true in this scenario?
During a unionizing campaign, an employer is prohibited from…
During a unionizing campaign, an employer is prohibited from:
In Texas, an injury is covered by workers’ compensation if t…
In Texas, an injury is covered by workers’ compensation if the employer is able to prove that his injury arose out of or in the course of his employment, even if the employer is a non-subscriber.
Under the National Labor Relations Act (NLRA), an employer i…
Under the National Labor Relations Act (NLRA), an employer is required to bargain in good faith with union representatives about wages, hours, and terms and conditions of employment.
Bob, a pharmacist, informed the pharmacy manager during his…
Bob, a pharmacist, informed the pharmacy manager during his job interview that he would not provide contraceptives as it was against his religious beliefs. The pharmacy manager agreed to accommodate Bob by relieving him of the duty of filling birth control prescriptions and taking orders for birth control drugs from customers or physicians. These tasks were assigned to other pharmacists even though they were reluctant to take on additional responsibilities. After starting work, Bob demanded more accommodations. He refused to transfer phone calls from patients seeking contraception, leaving them on hold indefinitely, and he walked away from people who asked for birth control drugs at the pharmacy counter without notifying other staff that those customers needed assistance. The manager then offered to relieve him of counter duty but could not relieve him from telephone duty as the high volume of calls mandated that all employees answer the telephone. Bob refused to accept his role change. As a result, he was terminated. Which of the following is most likely to be true in this case?