Friday, September 29, 2023

WIRTW #689: the “134” edition

134. That's how many different available positions Costco offered to Monica Barnett over a nearly nine-month period in an effort to accommodate her knee and wrist injuries.

0. That's how many of the offered positions Monica Barnett applied for or requested placement.

1. That's the number of paragraphs it took the 9th Circuit Court of Appeals to affirm the dismissal of Barnett's failure to reasonably accommodate claim. In the Court's words:

Barnett claims Costco refused to engage in good faith, "forced" her to remain on medical leave, and required her to be "100% healed" before returning to work. These assertions are unsupported by the record. The undisputed record demonstrates that Costco held three job assessment meetings, sent Barnett 134 available positions over more than eight months, and placed Barnett in an optical-assistant position that accommodated her limitations.

Sometimes, no matter how hard you try as an employer to do right by an employee, the employee is going to sue. In those cases, all you hope is that you have your i's dotted and t's crossed, all of your contemporaneously made documentation is in order, and a judge or jury will see the case for what it is and find in your favor.



Here's what I read this week that you should read, too.

The Teamsters Are Coming for Anheuser-Busch InBev — via VinePair



80% of LGBTQ+ workers comfortable being out at work — or are they? — via HR Dive

If You Can't Make a Hiring Decision Based on 1 In-Person Interview, You're the Problem, Not the Candidates — via Evil HR Lady, Suzanne Lucas

Could denying vacation requests be grounds for a . . . discrimination claim?!? — via Eric Meyer's The Employer Handbook Blog