May, 2019

Examples of pregnancy accommodations include shift changes, rest breaks and, oh yeah, open-toed shoes.

May 16, 2019 | by Eric B. Meyer

Manolo Blahnik on Whitney Port Shankbone 2009 Tribeca.jpg

By David Shankbone – Own work, CC BY 3.0, Link

Yesterday’s post was all about the breadth of the Pregnancy Discrimination Act (PDA). We addressed a situation in which a plaintiff alleged that her employer fired her for seeking an abortion. The court concluded that, if true, the employer’s actions would have violated the PDA.

(The employer ultimately prevailed on the PDA claim because it had a non-discriminatory reason for firing the plaintiff.)

Today, let’s shift focus to accommodations under the PDA. Continue reading

A company allegedly fired a woman because she got an abortion. But, is that illegal?

May 15, 2019 | by Eric B. Meyer

Image by OpenClipart-Vectors from Pixabay

A Louisiana woman claimed that, back in September 2017, she told her employer that she had become pregnant and that she was planning on having an abortion. The woman then alleged that, during her time off from work, the company violated the Pregnancy Discrimination Act (PDA) by firing her.

Let’s assume that the company did fire her for getting an abortion. Does that violate the PDA? Continue reading

Is it ok to ask a lesbian co-worker to use her ‘gaydar’ to determine whether a new client is also gay?

May 14, 2019 | by Eric B. Meyer

Photo via Good Free Photos

Short answer: No.

Slightly longer answer: No, you jerk, of course not!

In a few hundred more words, I’ll explain why. Continue reading

The EEOC has a new Chair and a quorum. Here’s what this means for employers.

May 13, 2019 | by Eric B. Meyer

U.S. Government [Public domain], via Wikimedia Commons

It took nearly two years for the Senate to vote on Janet Dhillon, President Trump’s nominee to Chair the U.S. Equal Employment Opportunity Commission.

However, last week, the Senate finally confirmed Ms. Dillon. So, not only does the EEOC have a new leader, but it also has a quorum with three out of five Commissioner seats filled.

What does this mean for employers? A lot. Continue reading

Was that a ‘white power’ symbol at the Chicago Cubs game? Still not ok.

May 10, 2019 | by Eric B. Meyer

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I’ll be the first to admit that, if I were watching this video in real time, I would have missed it.

Missed what?

A Chicago Cubs fan flashing what the team determined was an ‘offensive hand gesture associated with racism’ on live tv. That fan has since been banned from Wrigley Field, where the Cubs play their home games. Continue reading

When a woman makes offensive comments about being female. A lesson on implicit bias.

May 9, 2019 | by Eric B. Meyer

Image by mohamed Hassan from Pixabay

I live and work about 100 miles northeast of Baltimore, MD.

I don’t have my finger on the pulse of everything that’s going on in the Charm City. However, I do know that the City’s 50th mayor, Catherine Pugh, had a bad run there at the end. She resigned on May 2, which was about a week after the FBI and IRS conducted multiple raids relating to her business affairs. You can read all about it here.

The purpose of today’s post is not to pile onto Ms. Pugh. Instead, I want to focus on another related separation of employment and a lesson for your workplace.

Alcoholism and the ADA: Is it a disability? If so, how do you accommodate? And what are the limits?

May 8, 2019 | by Eric B. Meyer

TrafficJan82 [Public domain], via Wikimedia Commons

Oh, I thought you had the answers.

Fine, I’ll teach the class today. Continue reading

If at first, you don’t succeed, try, try, try, try again. Then, file an age discrimination lawsuit. Then try again.

May 7, 2019 | by Eric B. Meyer

EverythingSuperMario [CC BY-SA 4.0], via Wikimedia Commons

Then, maybe just give up and move on with your life. Continue reading

You just approved FMLA leave for an ineligible employee. What now?

May 6, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/illustrations/oops-reminder-post-note-sticker-1432954/)

You just approved leave under the Family and Medical Leave Act for your employee so that she can attend to her sick mother who is in the emergency room at the hospital. You used the Notice of Eligibility and Rights & Responsibilities — good for you for documenting the leave! — checking the box to state that the employee is eligible for FMLA leave. Your employee takes a few weeks off and that’s when you realize that, well…

The employee wasn’t eligible for FMLA. Continue reading

New legislation would guarantee employees the right to collective and class action litigation

May 3, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/)

Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity.

That decision did not sit well with several members of Congress. Continue reading