Articles Posted in

I got this as a Google Alert on Monday. The case is Davids v. Novartis Pharmaceuticals Corp. Allow me to set the stage for you.

    • Plaintiff sues, claiming ongoing suffering from osteonecrosis of the jaw (if you click the link, don’t look at the picture on the right. Ewwwww)
    • Defendant corporation realizes that plaintiff has a Facebook account and serves a request for production of Facebook documents.

tlnttransform.gifYesterday, I had the absolute privilege of moderating a panel on social media in the workplace at TLNT Transform in Austin, TX. Transform is for talent managers and HR leaders who are looking for cutting-edge insights and best practices from innovative and forward-thinking companies. 

Three HR Rockstars, Karren Fink, Laurie Ruettimann, and Rebecca Meissner, made my job as moderator on the social-media panel a breeze. If you can get past my initial crappy lawyer joke — and that, apparently, I don’t know my right from my left — it’s worth watching. Here is a link to the video.

Frozen Food AisleI’ve come up with some pretty creative defenses to unlawful harassment. Usually, however, before I file a pleading, I take out my trusty red pen iPad and delete those arguments that are just so outrageous that I feel my client will lose credibility with the court.

But that’s just me.

After the jump, I have a recent federal-court decision in which a Maryland grocery claimed that the [alleged] relentless sexual harassment of a female employee by the store’s male manager wasn’t “sexual harassment” — that would be illegal. Rather, it was “exotic dancer” harassment.

That’s pretty creative, alright.

Oh boy…

* * *

Continue reading

Some folks — not you and me, but some folks — can watch porn at work and not get in trouble; they work in the porn industry.

When you’re an employee of the courts — a courtroom clerk, to be precise — it’s frowned upon.

Oh, you’ll never guess what happens next. Well, maybe you can. See how right you are after the jump. Fair warning, however, this is one my less tasteful posts. And that’s saying something…

* * *

Continue reading

What were you doing yesterday between 3 and 4 PM EST?

Me? I was tweeting with the great people at SHRM’s We Know Next and several other Twitter stars, answering questions and otherwise making insightful snarky comments that sniffed insightful but were generally closer to snarky, on the topic of “Social Media and HR – Policies and Legal Pitfalls.”

If you were part of the dialogue, thank you for participating. (And muchas gracias to SHRM for inviting me to be a part of #NextChat). If you couldn’t make it, click through to see what you missed and to get a crash course in Social Media 101 for HR…

* * *

Continue reading

Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October.

This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a “leave of absence may be a reasonable accommodation [under the Americans with Disabilities Act]”, the employee must provide a reasonable estimate of the amount work that will be missed. “Conversely, when the employee seeks leave, but it is uncertain if or when he will be able to return to work, a leave of absence is not a reasonable accommodation.”

 

The Associated Press reports here that ESPN, the Worldwide Leader in Sports, has taken action against three employees for offensive comments made about NY Knicks point guard, Jeremy Lin.

The headline “Chink in the Armor” was used Friday on ESPN’s mobile website after Lin had nine turnovers in New York’s loss to New Orleans.

In a statement Sunday, ESPN apologizes for that headline and also says it is also aware of two other “offensive and inappropriate” comments on ESPN outlets.

My loyal readers know that yesterday the U.S. Equal Employment Opportunity Commission held a public meeting to discuss pregnancy discrimination and caregiver issues.

Conversely, my disloyal readers can go to hell. No, no, I forgive you. Just send me a check and we’ll call it even.

*** Takes meds ***

*** Flashes Men In Black red light ***

Ah, yes, pregnancy discrimination. Click through for a summary of what happened at yesterday’s EEOC meeting…

* * *

Continue reading

“Doing What’s Right – Not Just What’s Legal”