Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures. Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern…
Articles Posted in Discrimination and Unlawful Harassment
Does the ADA ever require six months of employee leave? Sure does, says the EEOC.
Is this the face of a company that would fire an employee who was on leave receiving treatment for breast cancer rather than granting her request for additional leave for more treatment? Yes indeed according to the U.S. Equal Employment Opportunity Commission.According to this press release and this complaint filed in…
You can safely file the new proposed EEO-1 in File 13
Yep, throw it in the trash and cue the music. Noddin’ my head like, yeah… Yesterday, both Jacqueline Thomsen at The Hill (here) and Ted Mann at The Wall Street Journal (here) that the proposed EEO-1, which would have made your head spin with all the additional information to be collected, is…
I’ve got two FREE HR-compliance seminars next month to help you address an aging workforce
As we celebrate the 50th anniversary of the Age Discrimination Employment Act (ADEA), the U.S. Equal Employment Opportunity Commission is determined to make the ADEA “more relevant than ever.” Translation: If your workplace doesn’t get its act together soon, come 2018, you’re gonna be like this if the agency or a…
A “too cute” employee, her boss’s ex-Playmate wife, and maybe some sex discrimination
Honestly, I generally try not to resort to clickbait ledes or trending terms like Donald Trump, Taylor Swift, Solar Eclipse, Game of Thrones finale spoilers, and leaked Apple iPhone 8 images, to increase web traffic. That’s beneath a professional ***fart*** blogger like me. But, since you’re here, please form a single-file…
Employee free speech on social media? HA! HA! says federal appellate court
Remember when I told you (in this blog post, this article, and this tv interview) that private-sector employees have no First Amendment right, while government employees have limited free-speech rights? I lied. Actually, I was telling the truth. Today’s blog post proves that. Michael Todd Snipes was a law enforcement officer…
Federal judge to EEOC: Your wellness-program incentive rules are kind’ve a big dumpster fire
Well, maybe not in those words exactly. But, the judge did have some scathing words for the U.S. Equal Employment Opportunity Commission’s take on wellness-program incentives. Remind me. What are these incentive rules? Back in 2016, the U.S. Equal Employment Opportunity Commission passed new regulations impacting wellness programs. Among other things,…
Sometimes, a little flexibility — and (gasp) humanity — can avoid a big employment lawsuit
Ah yes. We’re going to attempt to put the “human” in HR today. **clutches icy-cold lawyer heart** In Grant v. Hospital Authority of Miller County (opinion here), the plaintiff filed and was approved for leave under the Family and Medical Leave Act due to complications with her pregnancy. After giving birth…
Post-Charlottesville, “Name and Shame,” and how employers can respond legally?
As I type out this post at 10:15 pm on Sunday evening, there are many reasons why I am thankful that NBC10 in Philadelphia tapped me for an interview that aired on Sunday. Not the least of which is that I can make this blog post a short one, link to…
Yes, you may have discriminated against your employee by denying his lateral-transfer request
Allow me to explain. When is a lateral transfer a discrimination lawsuit? [cue music] Today’s lesson comes from the DC Circuit’s recent decision in Ortiz-Diaz v. HUD. Here’s how the appellate court summarized the facts and issues: Samuel Ortiz-Diaz was a criminal investigator in the Office of the Inspector General at the…