Over the weekend, I read this opinion in a race-discrimination with facts so egregious, they’d make David Duke blush. Let me set the scene for you. This is a workplace where, allegedly, several of the white employees displayed Confederate flag paraphernalia. I’ll spare you a verbatim review of the…
Articles Posted in Discrimination and Unlawful Harassment
#SHRM14: Let’s grab coffee (you’re buying)
And by coffee, I mean turkey legs and frozen blueberry-mango rum lemonade. Whoa, whoa, whoa, slow down… You see that badge over there? You know what I had to do to get that badge?Buy the full version of Photoshop Spike the Kool-Aid of everyone on the SHRM Annual Conference Speaker…
President Obama to ban LGBT discrimination by federal contractors — eventually
Share the news: President Obama will prohibit federal contractors from discriminating on the basis of sexual orientation or gender identity. — The White House (@WhiteHouse) June 16, 2014 The White House announced the news yesterday via Twitter. Just two years ago, the White House indicated that President Obama would not…
EEOC sues a nonprofit that assists the disabled for, yep, disability discrimination
So much for that case of Monday writer’s block… From a recent EEOC press release: According to the EEOC’s suit, Disability Network denied a deaf independent living specialist reasonable accommodations and then fired him. For example, the nonprofit refused the employee his requests for TTY equipment, a video phone and…
If you have questions today about FMLA/ADA leave issues, I’ve got your hook up
In two weeks, at the SHRM Annual Conference, I’ll be presenting “Meeting the Challenges That Leaves of Absence and Attendance Issues Present Under the FMLA and ADA.” The good news is that I have 75 minutes of HR greatness planned for my SHRM sesh. The bad news is that my…
The firefighter afraid of fighting fires loses his ADA claim. Right, you guys? Right?!?
If I could drink up your collective skepticism when it comes to these Americans with Disabilities Act cases… …I’d need my stomach pumped. Let’s see. There’s the one about the utilityman who couldn’t climb utility poles, but had an ADA claim against a utility company. And then who can forget…
Court: Two butt grabs from a male boss would not offend an objectively, reasonable female
Welcome to Alabama, where they see your one-grope rule and raise you two grabs of the derriere. Why? Because, according to this recent federal court opinion, the average female employee would not find getting her ass grabbed twice by a male supervisor to be offensive. Now remember, that for a…
Just how badly did a federal appellate court trash extended leave as a reasonable accommodation?
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…
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…