Allegedly, of course. Doe worked Directions for Youth and Families, Inc. Doe is bipolar and communicated as much to her employer, which eventually fired Doe. Want to know why? Why, Eric? Welp, here’s the quote from Doe v. Directions for Youth and Families, Inc. (opinion here): At their August 2014 meeting, the…
Articles Posted in Discrimination and Unlawful Harassment
Did a federal appellate court just require employers to invent ADA crystal balls?
Actually, as I see it, yes, Eric is utilizing hyperbole. But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers. The plaintiff in Kowitz v. Trinity Health (opinion here) began working as a respiratory…
The EEOC has released its enforcement playbook for the next four years. Want a peek?
You’re almost there. The only thing that can stop you now is this Calvin Harris tune that’ll get stuck in your head all day. Whew! You made it! Yesterday, the EEOC announced (here) updates to its existing Strategic Enforcement Plan. Under the existing plan, which expires at the end of…
And speaking of LGBT rights at work, here are two more recent victories for HR to ponder
As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel — *** Googles “corollary” — swish! *** — I bring you news of two recent court decisions advancing LGBT rights at work. 7th Cir. – Maybe Title VII protects workers from discrimination based on LGBT status after all. Earlier this…
The EEOC has some hella-big general counsel shoes to fill
Yesterday, the U.S. Equal Employment Opportunity Commission announced (here) that its General Counsel, David Lopez, would be leaving the agency in December. David was the first EEOC field trial attorney to be appointed as the agency’s general counsel, the first Latino general counsel, and, after 6 1/2 years, is the longest-serving general…
A new SHRM study should have employers reexamining their policies on parental leave
On average, organizations gave mothers 41 paid days of maternity leave, compared with 22 paid days of paternity leave for fathers. That statistic comes from 2016 Paid Leave in the Workplace, a survey recently conducted by the Society for Human Resource Management. Does this disparity demonstrate discrimination against men? Not necessarily.…
100% healed policy = 100% violation of the ADA
Someone didn’t read my post back in May. [cue music] Last night, I read this opinion about an employee-plaintiff whose position required her to conduct several weekly tours of the employer-defendant’s facility. In 2012, the plaintiff fell on a ladder, broke her leg, and took 12 weeks of leave under…
That EEO-1 you just filed will look a lot different next time. Oh, good…
Yup. EEO-1’s, open enrollment. That HR life’s a beach, amirite? Pass me a frozen beverage. Oh, it’s Monday? Better make it two. Actually, no frozen beverages for me today. Not even a Frappucino. I’ve got to be on my game at the SHRM Lehigh Valley Annual Conference. I’m presenting 5,…
The EEOC cares about small businesses, you guys.
In their quest to survive and eventually thrive, many small businesses do not prioritize EEO compliance. I’m not saying that small businesses purposefully set out to break the law. It’s just that, with a limited budget, HR’s squeaky wheel isn’t the first to get greased. Perhaps recognizing this reality, yesterday, the U.S. Equal…
Is New Jersey trying to out “California” California with new employment laws?
What caught my eye this morning, I mean, other than my new Carson Wentz fathead — ok, fatheads — was this Law360 headline: “NJ Ruling May Widen Exposure To Excessive Jury Awards” Gulp… So, bigger jury awards, huh… This Law360 report from Jeannie O’Sullivan (subscription required) highlights the recent decision in Cuevas v. Wentworth Group.…