Image Credit: Pixabay.com (https://pixabay.com/en/truck-transportation-vehicle-158539/) For the last year and change, Jon Hyman, who blogs at the excellent Ohio Employer Law Blog, has run a series of posts identifying employers accused of egregious workplace violations. Stuff so bad that it would have your employment practices liability insurance carrier hyperventilating into a 50-gallon…
Colleagues Job Offer Job Workplace Job Search (Image Credit: Maxpixel.net https://www.maxpixel.net/Colleagues-Job-Offer-Job-Workplace-Job-Search-2860035 License use Creative Commons Zero – CC0) Ayo, the U.S. Equal Employment Opportunity Commission just released a report on “The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA).” According…
Image Credit: Pixabay.com (https://pixabay.com/en/angel-church-religion-edward-312462/) Just ask a midwest employer that had its motion for summary judgment denied and now may have to defend a hostile work environment claim before a federal jury. In that case, the plaintiff and his supervisor often clashed over the plaintiff’s religious views. Among other things: The…
Image Credit: Pixabay.com (https://pixabay.com/en/packs-pile-money-finance-currency-163497/) You know that expression about putting your money where your mouth is? While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. On Friday, we discussed essential job functions under the Americans with Disabilities Act. Specifically, we…
By flydime – https://www.flickr.com/photos/flydime/4671890969/, CC BY-SA 2.0, Link Remember that as I share with you a recent Tenth Circuit opinion dealing with essential job functions under the Americans with Disabilities Act. Here are the undisputed facts: The plaintiff-employee worked for the defendant-employer first as a shopping-cart attendant, then as a…
Image Credit: Pexels.com (https://www.pexels.com/photo/parking-parking-lot-underground-garage-2996/) A probation officer in Chicago sued her employer for discrimination and retaliation. At trial, she won her retaliation claim. While the case was on appeal, the plaintiff claimed that her boss threatened to hit her in the parking lot and, in a separate incident, coordinated with another co-worker…
Image Credit: Pixabay.com (https://pixabay.com/en/eyes-surprise-wow-expression-open-312093/) Yesterday morning, I read my friend Jon Hyman’s post on LinkedIn about a lawsuit in which a person of color alleged that various supervisors and managers: Frequently called him the “n-word”; Told him to “reach his black hands out” while handing him a box; and Offered him a…
By No machine-readable author provided. Klaus with K assumed (based on copyright claims). [GFDL, CC-BY-SA-3.0 or CC BY-SA 2.5], via Wikimedia CommonsIs that really a thing? A citizen’s arrest? Tell ’em Big Bird. (I think that’s from the same episode where Elmo tried to effect a citizen’s arrest on Oscar…
Image Credit: Pixabay.com (https://pixabay.com/en/hat-cowboy-felt-cowboy-hat-western-1217914/) After a two year hiatus, the EEOC reconvened its Select Task Force on Harassment yesterday to hear from an array of scholars, attorneys, other stakeholders about ways to promote a harassment-free workplace. I’ll recap some of the highlights below and include links to the EEOC press release, the…
Image Credit: Pixabay.com (https://pixabay.com/en/muscles-strong-man-bodybuilder-2026322/) Now, don’t say that I haven’t warned you. A few years ago, I offered 112,500 ADA reasons not to force an employee to stay home until 100% healed. The following year, I told you to 86 the “100% cured” policy for employees returning from FMLA leave, with a…