Recently, I’ve focused blog posts on some quirky cases that make you think a bit. Yesterday, was the FMLA in Vegas case. Last week, was the EMT who argued that getting fired for groping a co-worker was discriminatory in light of his employer’s decision not fire an employee who…
Articles Posted in Discrimination and Unlawful Harassment
FACT OR FICTION: A temporary disability may be an ADA disability
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.” Let’s assume that your employee breaks his leg. Doctors tell your employee that he won’t walk normally for seven months.…
NJ now bans discrimination based on pregnancy, childbirth or related medical conditions
I blogged about it here back in October. My epic Lil’ Za Halloween costume. Both the NJ House and Senate had proposed legislation whereby a female employee affected by pregnancy could not be treated worse than other non-pregnant co-workers, but similar in their ability or inability to work. Well, now,…
The guy fired for grab-ass at work may have been discriminated against
“My ears are burning…” No, not you, Bill Clinton. And not you either, Homer Simpson. I’m talking about this dude who worked as an EMT up in Pittsburgh. He was accused of grabbing his co-worker by the buttocks and placing his fingers very close to her private area. (I’d be…
Social media? Anti-harassment? No workplace policy can prevent something this stupid…
On MLK Day, with a few of my co-workers and my four-year-old son, I performed community service. We went to a local center and spent a few hours making peanut butter sandwiches to feed the homeless. Actually, we spent a half-hour or so making sandwiches. Most of us spent the…
GUEST POST: What legal rights do unpaid interns have?
Today we have a guest blogger at The Employer Handbook. It’s Samantha Hopkins. Samantha is a law student who just received her big break. She gets to guest blog at The Employer Handbook! (Want to guest blog on an employment-law topic at The Employer Handbook? Email me). * * *…
Why a single kiss could have one employer in boiling hot legal water
I give a lot of “respect in the workplace” trainings. And I generally tell the audience that, while a single offensive comment or act in the workplace is one incident too many, one instance generally does not create a winning lawsuit. That’s because a plaintiff must show that he/she was…
And we have an early contender for worst employment-law decision of 2014
That may be sugar coating it a bit. A county employee, who applied for a lateral transfer, and ultimately received that transfer, was able to convince two judges on a federal appellate court that the transfer was discriminatory. That’s right. An employee may have a discrimination claim for receiving the…
Maybe Facebook can’t tell you if a candidate is worth hiring, after all
According to a recent study soon to appear in the Journal of Management, not only is Facebook a horrible predictor of how younger recruits will perform for your business — there is absolutely zero correlation between Facebook activity and job performance — but those who rely upon Facebook to help…
ADA leave requests may be verbal or written, just not telepathic
Sorry, Aquaman. You’re SOL, son. But Aquaman does love to get down to MGMT, I’m told. So here you go… Same goes for the plaintiff in this case — the telepathy part, not MGMT — in which the employer had a leave policy which dictated that employees may take up to six…