June, 2019

How NOT to handle an employee’s return to work from heart surgery.

June 28, 2019 | by Eric B. Meyer

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

It’s one thing to ask an employee returning to work from surgery, “How can we help you?”

It’s quite another to insist upon work restrictions.

The former is caring; the latter may be discrimination based on a perceived disability. Continue reading

A substitute teacher was fired for allegedly filming porn in a high school classroom. Let’s have a lesson on background checks.

June 27, 2019 | by Eric B. Meyer

Liz [CC BY 2.0], via Wikimedia Commons

Not watching porn; filming it.

Ew! We need bleach and a dumpster fire for the school supplies! Continue reading

I can do better than yesterday’s weak sauce “72 police officers” post

June 26, 2019 | by Eric B. Meyer

Philadelphia Police - cruiser on Ben Franklin Parkway.jpeg

By Zuzu – Own work, CC BY-SA 3.0, Link

“72 police officers in trouble over offensive Facebook posts is your wake-up call to reeducate employees about responsible social media.”

Yeah, that takeaway stinks. Continue reading

72 police officers in trouble over offensive Facebook posts is your wake-up call to reeducate employees about responsible social media.

June 25, 2019 | by Eric B. Meyer

By Zuzu – Own work, CC BY-SA 3.0, Link

I’m typing this post in Las Vegas at the 2019 SHRM Annual Conference and Exposition. Several years ago, the intersection employee use of social media and HR compliance spawned several sessions on the topic. I should know; I delivered many of them.

In 2019 however, that topic seems played out.

But, make no mistake about it, employee abuse of social media is still a big problem for many workplaces in the United States. Continue reading

Even a sex museum must try to prevent sexual harassment in the workplace

June 24, 2019 | by Eric B. Meyer

Richardfalk2 [CC BY-SA 3.0], via Wikimedia Commons

A former employee of the Museum of Sex in NYC is suing for sexual harassment.

Can a marijuana dispensary be responsible for a manager’s sexual harassment?

June 21, 2019 | by Eric B. Meyer

Image by CMElixirs from Pixabay

Or, stated differently, does a federal anti-discrimination law even cover a business that operates illegally under federal law?
Continue reading

Here’s a sneak preview of the outtakes from my ADA/FMLA MEGA session at SHRM19 in Las Vegas

June 20, 2019 | by Eric B. Meyer

Image Credit: PhotoFunia.com (http://photofunia.com/results/5d0b63b54686797e398b4569)

FOMO or Fear of Missing Out.

According to Google, FOMO is “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website.” Continue reading

HR, here’s what you need to know when determining whether your employee’s obesity is an ADA disability.

June 19, 2019 | by Eric B. Meyer

Image by Mary Pahlke from Pixabay

Another court has ‘weighed in’ on whether obesity is a disability under the Americans with Disabilities Act.

Hey, who just took revoked my license to blog? Continue reading

Three employment law lessons from Harvard University’s decision to revoke the admission of a Parkland shooting survivor

June 18, 2019 | by Eric B. Meyer

Joseph Williams [CC BY 2.0], via Wikimedia Commons

Throughout much of the day yesterday, Twitter trended with news that Harvard University had rescinded the college admission of one of Parkland shooting survivors.

For something the school just learned that he did two years ago. Continue reading

Could a judge force you to provide anti-harassment training if you create a hostile work environment? Maybe not.

June 17, 2019 | by Eric B. Meyer

Chris Potter [CC BY 2.0], via Wikimedia Commons

Over the weekend, I read about a case where a federal jury concluded that a female plaintiff’s former employer subjected her to a hostile work environment.

The jury awarded her zero point zero dollars, and a federal appellate court concluded that the company should not be required to conduct anti-harassment training.

WTH?!? Continue reading