And here I just got finished telling an audience yesterday at the Philadelphia Chamber of Commerce that the Employment Non-Discrimination Act was dead. Guess I was wrong. More on this after the jump… * * * Last November, the Employment Non-Discrimination Act, which would amend Title VII to forbid LGBT…
Articles Posted in Discrimination and Unlawful Harassment
New House bills seek to slow the EEOC’s roll
Halftime of the Eagles-Colts game. So, I only have 15 minutes to crank this one out. Here we go… Two new bills in the House to watch. 1. The Litigation Oversight Act of 2014: This bill would amend Title VII of the Civil Rights Act of 1964 to require the…
What employers need to know about “subtle bias” before it becomes an in-your-face lawsuit
Over the weekend, I read this CareerBuilder poll, which found that the majority of workers don’t aspire to leadership roles. Here are the numbers: One in 5 workers (20 percent) feel his or her organization has a glass ceiling – an unseen barrier preventing women and minorities from reaching higher…
How swift response to racial slurs and graffiti defused a discrimination claim
You have an employee handbook, an anti-harassment policy, training, the whole nine. But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class]. All the prophylactic measures you’ve already…
The sleepy, old man with old ideas may have an age discrimination claim
Psst. Want the secret to spotting a potential age discrimination claim a mile away? I’ve got it for you after the jump. * * * I’m going to make this real easy for you. DON’T CALL ANY EMPLOYEE OLD….EVER! And, just so we’re clear, “old mother******” is no good either.…
EEOC takes on fitness-for-duty medical releases; how to avoid the crosshairs.
Congratulations! Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? Oh yeah, there’s that too… Ask for too much info and you…
Apparently, the ADA requires accommodating an employee’s anger issues with a Shih Tzu named “Sugar Bear”
Hey, I don’t make this stuff up. I just blog about it. More after the jump… * * * The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job. In Assaturian…
Final Score: HIPAA 1 – Retaliation 0
See how a federal appellate court shut out a plaintiff’s claims of retaliation after she was fired for forwarding confidential documents to herself, purportedly to preserve evidence for an age-discrimination lawsuit filed by a former coworker. What I did there, you see that? After the jump… * * * In…
Same-sex training. Ok or discrimination?
According to the EEOC, if men can only train men, and women only women, that may be discrimination. But, let’s see what a federal court has to say about that after the jump… * * * New Prime, Inc. is one of the largest trucking companies in the USA. The…
Court: Title VII prohibits retaliation based on good-faith complaint of sexual-orientation harassment
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute. So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create…