Employee Accommodations + Hotline & Incident Management + Minimum Wage + LGBTQ

I. What are Your Responsibilities as an Employer?
The federal American with Disabilities Act (“ADA”) and many similar state laws require employers to “reasonably” accommodate an otherwise qualified disabled applicant or employee to perform the essential job functions of the position or enjoy equal benefits of employment as similarly situated employees. Similarly, other federal and state civil rights statutes prohibiting discrimination based on gender, religion, and race require an employer to accommodate an employee’s reasonable request for schedule changes, dress, and grooming practices due to religious beliefs or gender identity.

Waitress Fired for Failing to Serve Transphobic Customers

November 7, 2019 via Conn Maciel Carey

...that Spencer acted on behalf of a protected class simply does not pass muster under the first element of McDonnell Douglas. Accordingly, any claim of discrimination that Spencer makes must be based on some class for which she – not the person whom she was defending – is provided protection. Assuming the customer’s transgender status is the basis of Spencer’s claim, it will likely fail. Nevertheless, Spencer’s case provides a helpful reminder to employers of the protections afforded by the EEOC to transgender (and more broadly, LGBT) applicants and employees.