Zachary Busey

Zachary Busey practices employment and general litigation out of Baker Donelson’s Memphis office. He is licensed to practice in Tennessee, Mississippi and in Arkansas federal courts. Contact Zachary at

On Monday, June 1, the Supreme Court decided a religious discrimination case involving Abercrombie & Fitch and the EEOC. The Court held that “[a]n employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.” The Court also re-affirmed that to succeed on a disparate treatment discrimination claim (i.e., a discrimination claim related to a specific person), one must satisfy the motivating factor standard. The motivating factor standard requires a showing that the protected characteristic (e.g., one’s religion, race, etc.) was a “motivating factor” in the at-issue employment decision. A full copy of the Court’s opinion may be found here. (more…)

Wearable technology or wearable tech is the latest craze in personal electronics. The phrase encompasses anything electronic that is worn by a user. It took center stage at the 2014 Consumer Electronics Show, and since then, it has slowly but deliberately moved from fad to mainstream. If Apple’s track record of making products for the masses holds true, wearable tech will continue to take off with the release of the Apple Watch. (more…)

We are all familiar with the Americans with Disabilities Act. The ADA prohibits discrimination based upon actual or perceived medical disabilities, and the ADA requires employers to accommodate employees with disabilities subject to certain exceptions. By now, we’re also all familiar with the ADA Amendments Act of 2008. The ADAAA effectively overturned four United States Supreme Court rulings that had narrowed the scope and coverage of the ADA. The ADAAA did this by substantially broadening the statutory language of the ADA. Under the now-amended ADA, it is much, much easier to establish that one has a disability that is otherwise covered (and therefore protected) by the ADA. Does that mean that obese employees are now a protected class, on the same footing as employees with physical injuries or mental illness? While every employee and every case is different, the answer will often be yes. (more…)

On July 14, the Equal Employment Opportunity Commission issued updated enforcement guidance on pregnancy discrimination and related issues. “In addition to addressing the requirements of the Pregnancy Discrimination Act (“PDA”),” explained the EEOC’s press release, “the guidance discusses the application of the Americans with Disabilities Act (“ADA”) as amended in 2008, to individuals who have pregnancy-related disabilities.” (more…)

It’s March Madness, Baby! That’s right, for the next three weeks you probably won’t go a single day without hearing: “Hey, how is your bracket doing?” or “What?! You didn’t fill out a bracket?! Are you nuts?!” The NCAA Division I men’s and women’s basketball tournaments are upon us. It’s time for Dickie V, last-minute upsets, late-round blowouts, and of course, the Cinderella story. (more…)

The holidays have come and gone.  I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for.   I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins.  Growing up, opening presents around the holidays was a roll of the dice.  You were just as likely to receive a wool sweater with jingle bells as you were the must-have gift of the season.  If you ‘won’ the sweater, you’d wear it with a smile until mid-January, and then toss into the closet.  If you ‘won’ the must-have gift of the season, you’d play with it well into next Fall.  To this day, my Mom will tell you that the best way to judge a gift is to see how far into the next year you’re still enjoying it (i.e., how far into the next year you’re still playing with it / wearing it / riding it / using it / remembering where you last put it). (more…)

It’s holiday time!  And what comes with the holidays?  Company holiday parties!  Pictures from holiday parties can leave employers with a holiday hangover.  Below we look at several scenarios that provide some guidance and helpful hints on how to handle the work-place paparazzi.  (more…)

Companies, big and small, spend a large amount of resources on IT infrastructure, IT logistics, and IT support.  A quality workforce will swiftly crumble if individuals cannot communicate quickly and effectively.  This IT burden is a significant and often costly one, to which companies dedicate a vast amount of human and financial resources.  In an effort to relieve themselves from this burden and stay competitive in the marketplace, companies have started to develop and implement bring-your-own-device or BYOD polices. (more…)