Image Credit: Pixabay.com (https://pixabay.com/en/pregnant-woman-pregnancy-mother-735393/) I feel awful about the Red Sox eliminating the Yankees not blogging for you on Wednesday. So, today you get a double shot of The Employer Handbook. This one is about pregnancy discrimination. Specifically, a recent federal court opinion where the issue was whether an employer…
Articles Posted in Discrimination and Unlawful Harassment
Does the ADA protect someone recovering from drug addiction? Yep.
Image Credit (Photo by: | VIRIN: 131224-F-IM476-001.JPG) I’m sorry, dudes. I totally meant to give you a blog post yesterday. I did. But, the night before, which is when I generally compose this drivel, I got distracted. I was preoccupied with a certain MLB playoff game. Specifically, it was the…
When the same person does the hiring and firing, can there really be any discrimination?
Image Credit: Pixabay.com (https://pixabay.com/en/glass-crack-broken-broken-glass-101792/) Consider this example: A supervisor hires someone who is over 40 years of age. Not long after, the same supervisor fires that same employee. What are the odds that age motivated the termination of employment? (Remember, that the supervisor voluntarily hired the same over-40 employee too.)…
If an attorney investigates workplace harassment, must the company share the report if it is later sued?
Image Credit: Pixabay.com (https://pixabay.com/en/audit-investigation-searching-3608131/) One of your employees just complained to human resources that a co-worker sexually harassed her. As a responsible employer, you decide not only to investigate the complaint but to engage outside counsel to lead the investigation. Outside counsel investigates. When the investigation ends, outside counsel creates an…
#MeToo began in late 2017. But, was there really a new surge of sexual harassment claims since? Let’s find out…
Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/) Yesterday, the U.S. Equal Employment Opportunity Commission released some preliminary sexual harassment data for the fiscal year 2018. Based on preliminary data, in FY 2018: The EEOC filed 66 harassment lawsuits, including 41 that included allegations of sexual harassment. That reflects more than a 50 percent increase…
Deaf lifeguards, deaf truck drivers, and the dangers of stereotyping an individual with a disability.
Image Credit: Pixabay.com (https://pixabay.com/en/truck-18-wheeler-freight-shipping-309398/) If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard. (If you haven’t and want a copy of my presentation, well, all you have to do is ask.) In Keith v. County of Oakland, a…
Is it retaliation to fire an HR employee for encouraging a co-worker to file an EEOC charge? Well…
By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia CommonsI was going to begin this post by telling you more about my weekend trip to Nashville. But since I can hear the sound of thousands of pearls being clutched, I’m not going to bury the lede. A company…
Thank you for your comments on whether “overqualified” is code for age discrimination
By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia CommonsGreetings from Nashville, Tennessee. Every once in a while some of my high school friends and I motivate and plan a road trip to coincide with a Philadelphia Eagles road game. This year, we followed the Birds to Nashville…
Is “overqualified” code for age discrimination?
Image Credit: Pixabay.com (https://pixabay.com/en/pole-vault-pole-vaulting-pole-vault-2644697/) There are two sides to this argument. Let’s explore them. “Overqualified” Is Just Another Word For Age Discrimination. I like reading the eponymous The Tim Sackett Project. Tim is a shining star in the HR community and someone with whom I enjoy catching up at HR events…
Eric’s Wild-n-Crazy HR-Compliance Road Show – Coming atcha!
If my wide open collar and disco moves aren’t “gritty” enough for you, well, I can fix that. I can guarantee you this assuming that you recover from the hysterical blindness, I’m told it’s only temporary. We’ll have some fun at these October events. And I’ll teach you a thing or two…