The EEOC has filed a sexual harassment lawsuit claiming that a Burleson dentist subjected two employees to unwanted sexual conduct and a sexually hostile work environment. David Mikitka is the lead dentist at the practice, known as Smile Brands of Texas.
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It’s understandable that someone who has had a heart attack and taken time off to recover might assume that he’s disabled under the terms of the ADA. That’s not always the case. As is true of other conditions, it’s only a disability if the heart attack’s residual effects substantially impair a major life function.
The almost universal employer response to increased workplace violence has been the implementation of so-called zero-tolerance policies. The problem with zero-tolerance rules is that they only work if they’re uniformly enforced. Employers can’t pick and choose which employee’s behavior violates the policy. To do so invites legal trouble, as the following case shows.
Courts increasingly insist that employees meet deadlines for filing EEOC or other discrimination complaints. The law allows employees just a short period of time to start the lawsuit process after an employer’s adverse decision. Smart employers have systems that precisely track internal complaints. With those in place, employers can more easily argue that the employee waited too long to sue.