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…
Articles Posted in Discrimination and Unlawful Harassment
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…
How would you respond if your employee was photographed marching in Charlottesville over the weekend?
Following a tumultuous weekend in Charlottesville, VA, where a white nationalist march turned deadly, it appears as though at least one attendee will return home from the rally to find himself unemployed. “Unite the Right” attendees are getting outed on social media and apparently losing their jobs. Seth Millstein at…
He was hired at 63 and fired at 64. Yep, that could still be age discrimination.
A lesson on why it’s so important to tell it like it is when firing someone. “It’s not working out.” The plaintiff in McMullin v. Evangelical Services for the Aging (opinion here) began his job as CFO in March 2014. He was 63. Hired by the employer’s CEO, the plaintiff…
No take backs! Employer rescinds a termination, but can’t dodge a discrimination claim
The rules of the playground apply with equal force at work. Except, no cooties. [For my email subscribers, sorry about the deluge of posts today. We had some technical difficulties with the email feed over the past two days. I apologize. But, you guys get what you pay for.] Yesterday,…