By: Sam G. Sherman, Esq. Many employers feel that the law has gone so far that they cannot fire any employee for anything without risking liability. Not always true. The Fourth District Court of Appeals recently decided that a church can fire an employee for living with her boyfriend and raising their child together out of wedlock. Henry v. Red Hill Evangelical Lutheran Church of Tustin involved a female employee teaching in the Church’s preschool. Henry was married at the time she applied for the position (2002). She divorced in 2007 and later gave birth to a child fathered by.... Read More >
By: Sam G. Sherman, Esq. A federal district court in Johnson v. Board of Trustees of the Boundary County School District No. 101, recently clarified the circumstances under which an employer must accommodate a disabled employee or job applicant. The Court ultimately found that the employer need not accommodate an employee in obtaining the qualifications necessary to perform the job. Federal law prohibits an employer from discriminating against disabled employees. To prevail in a claim for disability discrimination, an employee must establish that they are a “qualified individual with a disability.” Federal Courts traditionally apply a two-part test to determine.... Read More >
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