I’m feeling rather charitable this evening as I punch out this post. Maybe it’s the proud feeling of crossing off my bucket list taking my four-year-old son to a Sunday early-bird at the biggest dive bar in South Jersey. (*Bonus points if you can guess the bar). Well, I’m not…
Articles Posted in Discrimination and Unlawful Harassment
An ADA accommodation just has to be reasonable — not the employee’s first choice
This is my son’s first year playing t-ball. The rules, in case you’re not familiar with them, are simple: Everybody hits Everybody (eventually) rounds the bases Everybody scores Some games, my son wants to lead off. Some games, he wants to hit last. Ultimately, it doesn’t matter where he hits.…
Firing a sick employee just before she is FMLA-eligible is very risky
So, check this out. I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November…
Three employees fired for posing at work in KKK garb and makeshift crosses claim discrimination. Yep.
The thing about this law-blogging gig, other than the money, power and women, of course, is the pride of being first to post about a crazy new case. Last week, I missed out on the nude sunbather who sued an elementary school-employer for retaliation. Well, Jon Hyman at the Ohio…
You’ve heard of the “one-free-grope” rule. How about the “two-free-slurs” rule?
It was Gloria Steinem who, in discussing President Bill Clinton’s indiscretions with Paula Jones and Kathleen Willey, fashioned the “one free grope” rule. That is, while not condoning President Clinton’s actions, Steinem concluded that one touching is not sexual harassment — at least as a matter law. Well, yesterday, the…
Survey shows that working moms earns less, but are satisfied with their jobs
This according to this survey released yesterday from CareerBuilder.com. Working dads who were the sole breadwinners in their household were four times as likely to earn six figures, while working moms who are the sole breadwinners were nearly twice as likely to earn less than $35,000. However, money may not…
Yes, you can have a hostile work environment based on sexual stereotyping.
We’ve talked a fair amount about sexual stereotyping at the ole Handbook. Here I discussed the cluster created by offering crap assignments to a male employee because he fails to conform to a male stereotype. And of course, we have my “Ravishing Rick Rude” theory of same-sex harassment, which a federal…
Your contractor is a sexual harasser? You may still be on the hook.
Generally, a typical sexual harassment claim involves a supervisor or manager or co-worker making unwelcome sexual advances towards another employee. But what if, instead of the harasser being one of your employees, it’s an independent contractor. Does that absolve your company from liability? Is it a valid defense if one…
FACT OR FICTION: There is such a thing as a reverse-disability claim?
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Try this one for size, folks. In this case, an employee argued that her former employer retaliated against her, by…
Withdrawing a job offer because of an applicant’s prior injury may violate the ADA
Two big EEOC pet peeves right now are: employers who discriminate in the hiring process; and employers who violate the Americans with Disabilities Act based on misconceived notions about how an individual’s health could impact that person’s ability to perform essential job functions. So, you’ve really got to be pushing…