Is a vacation during an FMLA leave inconsistent with an employee’s serious health condition?

A few months ago I wrote about an employee fired for taking a fishing trip while out on an FMLA leave. In that case, the court upheld the termination as lawful. Recently, however, the Supreme Court of Massachusetts considered a similar case and reached the opposite result.

WIRTW #565 (the “back to school” edition)

My kids went back to school this week. 5th grade for Donovan and 8th grade for Norah. I sent them off with this advice.

Try your hardest, be your best you, and always be kind. 

Word to live by, whether you’re a student, an employee, or just a human being.

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A post shared by Jon Hyman (@jonhyman) on Aug 21, 2019 at 5:55am PDT

Here’s what I read this week.

The EEOC asks the Supreme Court to legalize sex discrimination

This fall, the Supreme Court will hear argument in three cases to decide whether Title VII’s coverage of sex discrimination also implicitly protects LGBTQ employees from discrimination. Last week, the EEOC filed its brief in the cases, making a startling argument in favor of legalizing not just LGBTQ discrimination, but all sex discrimination.

“Sex stereotyping by itself is not a Title VII violation”

Does the ADA cover morbid obesity? Federal appellate court says maybe 🤷‍♂️

Jose Valtierra weighed 370 pounds at the time Medtronic terminated his employment in 2014 for falsifying job reports. Valtierra claimed that he had been denied an accommodation for his morbid obesity, which he alleged caused him to be unable to perform his job. Hence, the fake job reports.

The 9th Circuit Court of Appeals punted on the issue of whether "morbid obesity" is a disability covered by the ADA.

New study reveals that age discrimination remains a worsening problem for employers

Insurance company Hiscox just released its 2019 Ageism in the Workplace Study [pdf], which revealed some sobering statistics about the growing problem of age discrimination for American employers.

Is it legal to dock the pay of employees who skip a political rally being held in the workplace?

Has an employer violated the law if it docks the pay of an employee who skips a speech being given by Donald Trump in their place of employment?

Over the weekend news broke of a Pennsylvania employer who had an interesting way to influence its employees attendance at a rally Donald Trump was holding at their place of employment during the work day. Only pay those employees who show up.

“NO SCAN, NO PAY,” a supervisor wrote to his employees.

WIRTW #564 (the “Woodstock” edition)

At this moment very moment, 50 years ago, an estimated 400,000 people were gathered on Max Yasgur’s dairy farm in Bethel, New York, celebrating 3 days of peace and music.

Woodstock.

On Sunday, my kids will take the stage at the Rock & Roll Hall of Fame as part of School of Rock’s Woodstock Festival. Each of the three local Schools of Rock will perform a shortened version of their full Summer Woodstock shows. 

Here’s a short preview of what you’ll see. Donovan on vocals, and Norah holding down the bass and adding more vocals, on Sly & Family Stone’s Sing a Simple Song.

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A post shared by Jon Hyman (@jonhyman) on Aug 4, 2019 at 2:43pm PDT

The performance runs from 2 - 5 on Sunday on the big stage on the Rock Hall plaza. The music is free; the love isn’t (they’re just kids after all).

Here’s what I read this week.