Isn’t the Americans with Disabilities Act fun? Oh, right, it’s the federal employment law that y’all voted the one that keeps you up most at night. ADA garnered 30% of the votes in yesterday’s hella-lazy blog post of a poll. FMLA and FLSA tied for second with 23% of the vote each.

So, how about today’s puzzler? How the heck do you reduce workplace stress to reasonably accommodate an employee with a disability. Well, in many cases, I’m pretty sure that the answer is a Swedish massage, scented candles, and a FourLokoTini you can’t. Continue reading

Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome.

[FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or unreasonable, I may assign from time to time. Job pays minimum wage. And, by that, I mean compliments. That is to say, part of the job is to compliment me. Another part is to make sure I’m using compliment correctly (instead of complement)].

All hires must then pass a background check and drug screen. Continue reading

Sure, I could have used today’s post to address yesterday’s unanimous Supreme Court decision about EEOC conciliation efforts.

But this is The Employer Handbook. It’s not like I just got the call up to the major leagues.

By now, my blog game is hella-strong, yo! I troll sites like TMZ and Deadspin for fodder. And when I see stories like Samar Kalef’s “Rockets’ Twitter Guy Fired Over Emoji Violence, well, like a moth to a flame. Continue reading

It’s not that often that you come across a case where an employee alleges a hostile work environment based on religion. Sex? Sure. Race? Yep. But religion? Not so much.

Yet, when your employees are faced with the choice “My religion or my job,” it’s time to call the lawyers.

Cause, I mean, there’s proselytizing. And then there’s

PROSELYTIZING

Continue reading

With four years of blogging under my belt, I have a pretty good sense of what may audience comes to expect from this labor and employment law blog:

  • typos
  • grammar errors
  • snark
  • “where does Eric find this stuff” posts

For today’s post, I don’t have enough hats to tip to the many readers who emailed me about this hella-crazy FMLA retaliation complaint. Continue reading

When I think about retaliation, I think about that time I plastic-wrapped the judicial toilets after losing a motion to compel an employee who gets fired after complaining about discrimination to an HR Manager or the EEOC. These actions epitomize the “opposition” and the “participation” clauses of Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute.

By what about when an employee doesn’t go to HR, doesn’t complain to the EEOC, but, instead, simply tells a supervisor to stop sexually harassing her? If that employee is later fired, and she can establish that she was fired because she told her supervisor to stop, is that a winning retaliation claim? Continue reading