Sexual Harassment, Disabilities, and Discrimination

Navigating the needs of high-risk workers in the right way is critical for employers to avoid inadvertently discriminating against an employee on the basis of disability, health condition, or age.

In Title VII lawsuits, employers must raise a defense of failure to exhaust administrative remedies in a timely manner (did the employee follow the process?), or their defense can be waived.

Does Title VII anti-discrimination law extend to sexual orientation and gender identity? The Supreme Court will decide.

While bullying and harassment may seem similar at first glance, in spite of a few commonalities, each has a very different definition and legal significance in the U.S. workplace.

A multi-chapter resource about what should an organization say after someone is fired for sexual harassment or misconduct—within the organization, to outsiders, or to future employers.

A multi-chapter resource by Theresa Lynn Sidebotham, Esq. and Dr. Brent Lindquist about when and how an employer can require medical examinations if an employee has a mental health-related disability, and how the employer should approach this problem. A recent case gives some insight.

Need a reminder of “what not to do?” Here are ten easy ways for organizations to land in court over sexual harassment in the workplace, without really trying.

Check out highlights and lessons learned from some important 2017 Americans with Disabilities Act cases impacting Colorado and the rest of the country.

A multi-chapter resource by Theresa Lynn Sidebotham, Esq. and Dr. Brent Lindquist about thoughts and strategies a mission agency might consider as they begin to develop, provide, or determine if they can provide accommodations.

Requiring an employee to undergo psychological counseling may violate Americans with Disabilities Act. The Sixth Circuit just issued another opinion. It was not too happy with Kroll’s employer. How can you demonstrate that counseling is “job-related and consistent with business necessity”?