Not exactly a happy workplace trinity, but it’s what fuels The Employer Handbook. That and Jolt-Cola Bombs. The plaintiff in this case claimed that she was sexually harassed by her male supervisor for over a year. The court’s opinion details alleged comments and groping in vivid detail. (No recap here. I plan to keep my…
Articles Posted in Discrimination and Unlawful Harassment
Transgender employees and the so-called bathroom conundrum
On my speaking boondoggles around the country, what’s the biggest issue I hear from HR professionals involving transgender employees? Yep, it’s the use of the bathroom. Folks, it’s not that complicated. But, I’ll get to that in a sec. First, with a tip of the hat to Joshua Block (@JoshACLU), over…
1 slur + 1 knife to the testicles = 1 hostile work environment
My new blogging platform and email newsletter have their advantages, especially the newsletter. For example, when a daily post goes out to my blog email subscribers (and, if you haven’t subscribed yet, you can do that here), one of the analytics I can track is the most-clicked hyperlinks. Welp, in last week’s “Heil…
Apparently, in Texas, your managers are allowed one free “Heil Hitler.”
“I see your ‘two free slurs’ rule, Fourth Circuit Court of Appeals, and I raise you one shout out to the Third Reich, alright Hoss?” Ok, you got me. The Fifth Circuit, which covers Louisiana, Mississippi, and Texas, didn’t actually use those words, exactly. But, what the Court did say…
Let’s talk about pregnant-stripper bias. And BFOQs too. Mostly, BFOQs.
I know what some of you are thinking, “Seems more like a Tuesday topic to me.” To you folks I say, “Get the hell out of here! YOU’RE NUTS!!!” Ok, you’re right, let’s start over. One of the exotic dancers at a Georgia gentlemen’s club got preggers. Wait. Do the…
Ditch those inflexible leave policies, would you already? #FMLA #ADA #EEOC
Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “interplay.” (By the way, if you want to…
The pharmacist who refused to give flu shots lost his age discrimination claim
In a world, where an employee cannot prove age discrimination after getting fired for playing golf during his medical leave, comes the story of a pharmacist *** dramatic pause *** who wouldn’t give flu shots. While we wait for Hollywood to greenlight this movie — I’m thinking Gary Oldman as the pharmacist and…
Caught playing golf during his leave, court slices plaintiff’s ADEA claim
See what I did there? (Yes, folks, it was either that or a riff on clown’s mouths and windmills). When the plaintiff, in this case, took leave from his job after ankle surgery, he did so with certain medical restrictions on his physical activities. Thus, when the company learned that…
Consider requiring your new independent contractors to release employment claims
What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…
Fired from her job, a “sleepy” “armed security guard” may have an ADA claim
Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition. This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show…