Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of…
Articles Posted in Discrimination and Unlawful Harassment
Your temporary workers can probably sue you for discrimination
Last week, the Third Circuit Court of Appeals daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination. In a word, yes. Well, actually, ***…
Denying an employee’s attempt to rescind her resignation may be…retaliation?!?!
I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah… Ok, not exactly. According to the Fifth Circuit Court of Appeals in Porter v. Houma Terrebonne Housing Authority (opinion here), it went more like this: Tyrikia Porter worked for the Houma Terrebonne Housing…
It’s another “when a hostile work environment isn’t a hostile work environment” post
Second verse, same as the first. (But read it anyway to pad my blog stats, would ya?) All of us have heard the words “hostile work environment” bandied about to the point where the most minor slight in the office can supposedly create a hostile work environment. Well, as a…
Four ways to prevent systemic discrimination in your workplace, before an EEOC charge.
Oh, hi there. Uh, this? It’s not a comic book. It’s a GRAPHIC NOVEL, folks! And, yes, I need to highlight my favorite passages in this library book. It’s how Sartre did it. Quit judging me, would ya? Nothing more to see here. Read on. A week or so ago, Robin…
A federal judge in Alabama holds that Title VII covers sexual-orientation discrimination
Who would have guessed that, in a state without a state administrative agency to accept discrimination charges, where only age discrimination is against state law, a federal judge would rule that sexual orientation is considered sex discrimination and, therefore, a violation of Title VII. A groundbreaking decision. Yes, late last month, Judge Myron…
Sir, yes, sir! Quoting “Full Metal Jacket” may create a hostile work environment
https://www.flickr.com/photos/28385889@N07/4065494694 That’s why I stick with Finding Nemo at work. I also find myself eating lunch alone and getting plenty of odd looks from the staff. Well, that and my mohawk. But, at least I’m not at risk of creating a hostile work environment. Well, well, Private Joker, I don’t…
1.7 million reasons to reconsider issuing attendance points for medically-related absences
Burger Time and Astrosmash…who’s with me, Millennials! [Sigh] What does any of this have to do with employment law? Not much, I guess. The lede said “points,” and then I started thinking about video games, and I’m a sucker for Intellivision nostalgia. Well, anyway, the key here is points. Last week, the…
“Off-the-clock” discriminatory Facebook messages can create a hostile work environment
As I type this post, I’m watching two of my kids — one dressed as Olaf; the other Elsa — yelling at each other to stop singing Frozen tunes. Now, they’re wrestling — I don’t remember that from the movie. For a snowman, that Olaf is pretty tough. Oh, damn!…
A recap of EEOC Commissioner Chai Feldblum’s hour-long Twitter Q&A
Yesterday, EEOC Commissioner Chai Feldblum took over the Bloomberg Law Twitter handle (@Bloomberglaw) for an hour, and answered questions from employment-law Twitter nerds like me. Commissioner Feldblum covered the EEOC Select Task Force on Harassment, ADA/FMLA interplay, discrimination and social media, and much more. You can view the entire Q&A here.…