But, faced with those facts, that didn’t stop one employer from moving for summary judgment and asking the court to dismiss a female employee’s claims of sexual harassment. Could the company have possibly prevailed? Find out after the jump… Oh wait, before we jump, I left out the part where…
Three years at this blog without discussing mohawk hairstyles in the workplace. Now, two posts in one week. Which reminds me of the time I dressed up as BA Baracus for Halloween in law school Ah, yes. That mohawk….and BA’s fear of flying. Ties right into today’s post. (I love it…
That’s how I start my next oral argument when defending a claim made under the Americans with Disabilities that one of my employer clients regarded an overweight plaintiff as disabled. So, who wants some of what I’m drinking today? Hey, it’s peppermint tea, jerk! And I’m not pulling this blog…
Here’s a little HR Pro Tip from your old pal, Eric. If, around Halloween time, an employee requests permission to hand out bags of candy containing “gospel tracts,” which depict Muslims and Catholics and state that they should all go to hell, you just go ahead reject that religious-accommodation request.…
Let’s assume that you run a factory in which employees are scheduled on one of two shifts: (1) 6:00 AM – 6:00 PM; or (2) 6:00 PM to 6:00 AM. One of your employees comes to you with a doctor’s note which states that working the graveyard shift will cause…
Just a reminder that some managers still engage in really stupid behavior. I was reading this case about an HR Manager of a dentistry practice. Following an interview between a dentist in her practice and an African-American woman, the dentist allegedly commented to the HR Manager that the person would…
When your business offers a severance agreement to a departing employee, does it contain: a general release; a non-disparagement obligation; a confidentiality provision; a covenant not to sue; or a cooperation clause Well, if it contains any one (or more) of these provisions, head over to Jon Hyman’s Ohio Employer’s…
Back in January 2011, when I had only one child and an Aston Martin savings fund, the U.S. Supreme Court decided Thompson v. North American Stainless, LP. In that case, the Court held that an employer violates Title VII of the Civil Rights Act if it takes action against…
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…
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.…