Maybe you’ve heard about it. I’m giving a little spiel today on social media in the workplace with a few friends at an event in Philadelphia. If I play my cards right, I’ll do as little speaking as possible on the dais. Which means I’ll get my two cents in…
Articles Posted in Discrimination and Unlawful Harassment
Sexting, flirting, but no sexual harassment here.
To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior based on the plaintiff’s sex. Further, not only would an objective person have to find the behavior offensive, but the plaintiff must be offended as well. Usually, when a plaintiff claims sexual harassment, a court…
Accommodating a disabled employee generally does not require displacing another
The Americans with Disabilities Act requires that companies provide a reasonable accommodation to an employee with a disability, if doing so will allow the employee to perform the essential functions of the job. The ADA contemplates a number of different types of reasonable accommodations. One such accommodation is a transfer…
Check out the EEOC’s playbook for combatting LGBT discrimination
Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it’s no secret that one of the EEOC’s top priorities is to protect LGBT workers from discrimination. And the EEOC is being quite transparent about it, with a new guide for…
85,000 reasons to nix inflexible employee-leave policies
Just go ahead, and kill them dead! But before I get to that, I want to quickly plug our free event next week on November 12, 2014. I’ll give you four reasons to attend: Chai R. Feldblum, Commissioner, U.S. Equal Employment Opportunity Commission Richard F. Griffin, Jr., General Counsel, National…
Under the ADA, is talking an essential job function for an HR Specialist?
Whether a department of many, or just one, your job as an HR professional has you juggling many balls. You’re running an open enrollment, conducting a workplace investigation, recruiting, wage-setting. Cot’ damn, you’re busy! To get those tasks done, you’d better have the gift of gab. Or not. Is verbal…
HR CHEATSHEET: When an employee texts you from an Ebola quarantine tent
Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola. As an employer,…
Tweet today with the EEOC about the Americans with Disabilities Act #EEOC4NDEAM
I’ll be at the SHRM Lehigh Valley Annual Conference today presenting “What’s Hot at the EEOC…and How to Avoid Getting Burned!” with the EEOC’s Mary Tiernan. If you’re at the conference, stop by with pizza and beer and say hello with pizza and beer. However, if you can’t make it,…
Court gives cold shoulder to frostbite as an ADA disability
See that lede right there! That’s journalism, baby! After the jump, let’s talk about what it means to have a disability under the Americans with Disabilities Act Amendment Act. * * * In Wilson v. Iron Tiger Logistics, the plaintiff, a truck driver, developed frostbite on a bunch of fingers…
The employer who wanted to “bring color” into the workplace; brought lot$a green to the plaintiff instead
I’m talking about a $620,000 jury verdict and nearly $165,000 in attorney’s fees. Let’s discuss reverse-race discrimination after the jump… * * * Let’s get one thing clear. Anyone can be a victim of discrimination. And when it comes to race, we’re talking black, white, brown, whatever. Case in point,…