Obviously, I missed a blog entry last week. I have a good excuse. My daughter’s bat mitzvah was July 8. While the bat mitzvah and the reception and everything else went great (she did a great job!), the hangover was considerable. Once the hangover subsided, I had a client matter to attend to. However, I
direct evidence
McDonell Douglas Dead or Alive?
By William Goren on
As everyone knows, I keep a list of my favorite blogs in my blogroll section. One of those blogs on the list is Jonathan Hyman’s Ohio Employer’s Law Blog, An ABA Blawg 100 Hall of Fame Blog. I highly recommend it. Jon has a very unusual perspective on labor and employment law. In a recent…
Addiction/Perceived Addiction in the Workplace; the View from the Sixth Circuit
By William Goren on
Today’s case is a case out of the Sixth Circuit, Ferrari v. Ford Motor Company, decided June 23, 2016. It deals with the issue of what happens when an employer perceives an opioid addiction. As is typical, my blog entry is divided into categories: facts; court’s reasoning; and takeaways. The reader is free to…
McDonnell-Douglass and the ADA; An Imperfect fit
By William Goren on
In employment discrimination cases, there are two kinds of cases (those involving direct evidence and those involving indirect evidence). Direct evidence cases are the proverbial smoking gun. That is, the plaintiff has explicit evidence that discrimination occurred. However, in most situations, it is difficult if not impossible to find direct evidence, rather things taken together…