Absolutely, Mark! Continue reading
Many years ago, a man called me asking if I would represent him in a discrimination action against a company.
Now, you know me. I’m a management-side lawyer. I write a blog called The Employer Handbook. But, then he mentioned that someone had hung a hangman’s noose at his job site. He had pictures.
And he had my full attention. Continue reading
Let’s imagine that one of your female co-workers gets promoted. Shortly afterward, some of your male co-workers spread false rumors about how their recently-promoted colleague must have slept her way to the top.
Do you think that: (a) these rumors are gender-based, or (b) based upon false allegations of conduct?
The former could be the lynchpin to a viable sex-based hostile work environment claim. If it’s the latter, i.e., the rumors could have just as quickly been spread about a man, then the hostile work environment claim gets dismissed. Continue reading
“Let’s see,” I said to myself. “I want to blog about this important, brand new medical marijuana employment law decision. This is a burgeoning area of the law, and this particular decision will enlighten my readers like few others I’ve written about.”
“Yeah, but unless you can find a ‘free for commercial use, no attribution required’ scales of justice made out of marijuana leaves, I think you should rank the spices in your spice rack instead. After all, readers love a good ‘turmeric v. garam masala’ showdown.”
***Googles ‘marijuana scales of justice’*** Continue reading
For those of you who aren’t familiar with FCRA, I suggest that you call an employment lawyer. Like stop reading this blog post right now and call your employment lawyer!
For the rest of you FCRA fans, I promised to blow your mind and, clickbait-be-damned, I’m going to break your strand of clutching pearls. Continue reading
That is, if a manager or supervisor is mean to everyone, then it is unlikely that he or she has singled out a particular person based on that individual’s race, religion, national origin, etc.
It’s called the “equal opportunity jerk” defense. Continue reading
The EEO-1 is the federally-mandated survey of company employment data categorized by race/ethnicity, gender and job category Companies with 100 or more employees must file it each year. Certain federal contractors with 50 or more employees must file the EEO-1 too.
Now, some of you may be thinking,
“Wait, what?” “Eric, did the recent government shutdown impact when our company needs to file the EEO-1?”
Indeed it did. Continue reading