Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website)) On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve. This is not most days. Tuesday, December 4 will be one of those days. If you haven’t…
Articles Posted in Discrimination and Unlawful Harassment
This GM’s Facebook posts weren’t enough to sink his employer, but you may not be so lucky.
Social Media Facebook Hand https://www.maxpixel.net/Social-Media-Facebook-Hand-3198088 Yet again, here’s another situation in which off-the-clock social media posts impact the workplace. Last night, I read this opinion, in which the plaintiff, a former janitor at a car dealership, claimed that his race motivated the general manager to demote him. The plaintiff’s evidence…
340,000 reasons to take harassment complaints about customers seriously
UnknownUnknown author [CC0 or CC0], via Wikimedia CommonsIf you know that one of your customers is getting all racist and handsy with employees, you have to do something about that. You know that, right? It would appear that one California employer didn’t get the memo. And the U.S. Equal Employment…
Employer sees something wrong with a little bump n’ grind, defeats sexual harassment lawsuit
Allgamenab at English Wikipedia [Public domain], via Wikimedia CommonsEat your heart out, R. Kelly. Earlier this Summer, I carried on about the decision from the Third Circuit Court of Appeals in Minarsky v. Susquehanna County. It’s a sexual harassment case, but not just any sexual harassment case. I called it the…
From wonky to wonkier, why your arbitration agreement may not be worth the paper on which it is printed?
Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/) Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae. Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more…
Google ends forced arbitration of sexual harassment claims. Should you? Then what?
Google Inc. [Public domain], via Wikimedia CommonsThe last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes. On the tech side, Google released the latest versions of its flagship phone, the Google Pixel 3 and Pixel 3 XL.…
It’s unanimous! Supreme Court rules that any public-sector employee 40 years or older may file an age-bias claim
Joe Ravi [CC BY-SA 3.0 ], from Wikimedia CommonsLest you think that eight Supreme Court Justices — Justice Kavanaugh did not participate — can never see eye-to-eye on how to resolve an employment law issue. Yesterday, the Court unanimously concluded in Mount Lemmon Fire District v. Guido (here) that while the…
Severance Agreements: Make them easy to understand and don’t pressure an employee to sign
See page for author [Public domain], via Wikimedia CommonsWhen one of your former employees signs a severance agreement with a release of all claims, the last thing you want is for that employee to sign and then sue you. Do over? Earlier this year, a Pennsylvania federal court issued an…
At least two employees didn’t read my ‘blackface’ post, and you’ll never believe what some Idaho teachers wore for Halloween
Image Credit:: Pixabay.com (https://pixabay.com/en/halloween-halloweenkuerbis-faces-2770084/) I know that wearing blackface on Halloween is a bad idea. You know it too. And, now, so does Megyn Kelly. But not everyone got the memo. From blackface to pink slip. Like a nurse in Kansas City, reports Lisa Gutierrez at the Kansas City Star…
It’s time to VOTE for the “Worst Employer of 2018.”
My friend Jon Hyman is an incredible employment law blogger over at Ohio Employer Law Blog. Over the course of the year, he has flagged some of the worst discrimination and harassment allegations against employers. Now, the list is long enough that he needs your help to vote it down to…