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Hold up! Is there an “HR manager” exception that allows employers to retaliate against HR?
Last night, I read this recent decision from a three-judge panel on the Eleventh Circuit Court of Appeals. It involves a human resources manager who claimed that her current employer fired her after it learned that she had earlier given deposition testimony in a pregnancy discrimination lawsuit against her former employer.
Assuming this to be accurate, did the current employer violate Title VII of the Civil Rights Act of 1964? Continue reading
One use of the n-word can create a hostile work environment. The OTHER n-word.
I had planned to blog about this Fifth Circuit decision for a while. The appellate court concluded that a plaintiff who had pleaded that his supervisor directly called him a “Lazy Monkey A__ N___” in front of his fellow employees stated an actionable claim of hostile work environment.
But then I read this federal court decision from Illinois about a black man who claimed that his employer retaliated against him by creating a hostile work environment with a noose. Continue reading
An end to certain sexual harassment NDAs? Check out this new bipartisan federal bill.
Earlier this year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law allows victims of sexual assault or sexual harassment to litigate their claims in court even if they signed an arbitration agreement.
At the end of last month, a bipartisan group of representatives in the House introduced legislation to limit the use of nondisclosure and nondisparagement agreements involving claims of sexual assault and sexual harassment. Continue reading
COVID-19 variants are rising but, whatever you do, don’t collect THIS INFO from employees.
At the beginning of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) posted a pre-recorded webinar addressing questions arising under any of the Federal Equal Employment Opportunity Laws and the COVID-19 pandemic. The video can be seen on YouTube or in the video player below. A transcript of the webinar is also available. Continue reading
Hostility at work is not necessarily a “hostile work environment.”
As a lawyer, a mediator, a workplace investigator, and a blogger, I’ve seen my fair share of employees claiming that someone(s) subjected them to a “hostile work environment.”
But here’s the thing. Continue reading
Hey, management-side employment lawyers! Bookmark this post now and thank me later.
We’ve all been there as defense attorneys.
You find yourself defending claims of disparate treatment under a federal anti-discrimination statute like the Age Discrimination in Employment Act (ADEA) where your client hired someone younger than the plaintiff. The only logical explanation, according to the plaintiff, is age discrimination. Why? Because the plaintiff just knows that she was more qualified than the other person. Continue reading
The ADA cheat sheet for accommodating disabilities of seasonal employees and interns
The muse for today’s post is whoever drafts the press releases for the U.S. Equal Employment Opportunity Commission. Continue reading
You know what today is, right? It’s Bobby Bonilla Day! ⚾💰⚾💰
Every July 1 since 2011, the New York Mets have paid Bobby Bonilla $1,193,248.20. That seems like a pretty reasonable annual payment for a six-time All-Star.
Except, here’s the thing. Mr. Bonilla is 59 years old and hasn’t played for the Mets in over 20 years. Continue reading