Well, you can forget about that “place at the table.” That’s for sure. ***ducks thought-leader mashed potatoes and change-agent stuffing*** [music] An EAP consultant gets fired for supporting an employee. In DeMasters v. Carilion Clinic (opinion here), Mr. DeMasters, an employee assistance program consultant, claimed that he helped another employee initiate and pursue…
In these Summer months, it’s easy to relax a bit. For example, last weekend I spent Sunday morning sleeping off a fun Saturday night in the shade of a tree on my front lawn while my four kids played slip-and-slide in traffic on the front lawn too. Although, I did…
Earlier this year, Kelly Osbourne walked out on E!’s Fashion Police shortly after her co-host, Giuliana Rancic, criticized a young African-American Disney star. Specifically, Ms. Rancic called out the actress for donning dreadlocks at the 2015 Oscars, saying that she must have smelled of “patchouli” and “weed.” Many found Ms. Rancic’s comments racist. Ms. Osbourne too must…
When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year. In EEOC v. Celadon Trucking Services, Inc. (opinion here), the EEOC accused Celadon Trucking of violating the Americans with Disabilities Act, by engaging in a “pattern or practice” of…
My apologies for skipping out on a post yesterday. Someone had a case of the Mondays. So, I’ll make it up to you now — kinda like serving you a prairie fire and then a cement mixer. Yep, my blog fodder is not quite rail drink-worthy. Anyway… (In my best radio announcer…
In a decision issued last week (here), the National Labor Relations Board ruled that “the filing of an employment-related class or collective action by an individual employee is an attempt to initiate, to induce, or to prepare for group action and is therefore conduct protected by Section 7 [of the National Labor Relations Act].”…
About 3 years ago, after a 6-day trial, a Colorado federal jury concluded that a plaintiff had been retaliated against for participating in a discrimination complaint process. But, the jury didn’t award her much: $14,000 for out-of-pocket expenses, and $5,000 for emotional distress, pain, suffering, embarrassment, humiliation or damages to reputation. Then,…
Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough. Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can…
Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources. Save the Family and Medical Leave Act, I get more…
I did very good well on my math SATs. But, here’s some simple math: Fired for posing at work in KKK garb and makeshift crosses + Meyer’s blog fodder = Don’t appeal your race discrimination loss Welp, the Caucasian plaintiffs in this case doubled down on stupid and lost at…