Why Panera should settle lawsuit regarding racism

by Evil HR Lady on November 9, 2011

Even if ex-manager’s claim that he was fired for making a black man a cashier is false, the franchise owner will lose if case goes to court

To find out why, read here: Why Panera should settle lawsuit regarding racism

{ 7 comments… read them below or add one }

Another Evil HR Director November 9, 2011 at 6:48 pm

Suzanne: Could you elaborate on what part of the FMLA might require allowing an employee more than 12 weeks of leave?

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Suzanne Lucas November 9, 2011 at 6:59 pm

It's not actually FMLA, it's ADA. The courts have ruled that allowing additional leave can be considered a "reasonable accommodation." And not being able to walk properly could qualify as affecting a major life function, which is required for ADA.

http://www.ohioemployerlawblog.com/2011/07/eeoc-announces-record-settlement-in-ada.html#.TrrNWLJOs38

Talks about it. I highly recommend adding this blog to your RSS reader. Jon keeps me up to date on so many things. Couldn't live without him.

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Another Evil HR Director November 9, 2011 at 7:08 pm

Thanks for that link. I was aware of this, but thought you were referring to something beyond that!

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Suzanne Lucas November 9, 2011 at 7:14 pm

I probably could have been clearer.

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Jon Hyman November 11, 2011 at 11:28 am

Such kind words. Thanks, Suzanne.

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Shawn Ambrose November 16, 2011 at 5:12 pm

I would suspect that Covelli Enterprises will settle. As a former manager for a Covelli restaurant, I am not shocked by the allegations in the lawsuit.

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Evil HR Lady November 16, 2011 at 5:49 pm

Oooh, interesting. I was hoping the manager was lying but it wouldn’t surprise me if he wasn’t.

Some people are not nice and somewhat dumb.

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