A black employee who claimed that her boss, also black, called her the n-word eight times, had her day in court recently, as she put her race discrimination claims to a federal jury. The defense argued that the use of the n-word here was culturally acceptable because both the “victim”…
Articles Posted in Discrimination and Unlawful Harassment
New NJ law bans retaliation against employees asked to give pay information
Cash, Rules, Everything, Around, Me C.R.E.A.M. Get the money Dollar, dollar bill y’all [Did you know that your favorite blogger has been to not one, but two Wu-Tang concerts? 36 chambers of death, son. I lyrically perform armed robbery; way harder than Justin Bieber. Now, to the 3/4 of you…
What employers should know about the ADA and fitness-for-duty exams
Imagine, if you will, that two years ago you hired Amanda Bynes to be your Social Media Manager. Things are going pretty smoothly, until your customers begin complaining that company’s Twitter feed has gone from informative and witty to curious and more-or-less bizarre. After reviewing the tweets for yourself, you…
FACT OR FICTION: Permanent light duty is an ADA reasonable accommodation
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.” Today, I’m speaking at the EEOC EXCEL Conference in Denver, CO. It’s an incredible honor, given that this is the…
Paula Deen discrimination lawsuit dismissed after parties settle
On Friday, a federal court in Georgia dismissed all of the remaining discrimination counts against Paula Deen and her brother, Bubba, after the parties reported to the court that the two sides had settled. The settlement terms are undisclosed. In a statement emailed to The Associated Press, Ms. Deen’s…
New PA bill would ban sexual orientation, gender identity discrimination
Twenty-one states and the District of Columbia have laws banning workplace discrimination in the private sector on the basis of sexual orientation. The Commonwealth of Pennsylvania, which currently bans discrimination based on sexual orientation and gender identity or expression in public employment, may soon become the latest state to ban…
Breaking Bad: The Lost Episode (the one about Jesse’s ADA lawsuit)
A few years back, I sent in a Breaking Bad script to Vince Gilligan. At the time, I was concerned that the show was becoming too one-dimensional. High school teacher becomes meth kingpin. Yeah, I guess that could make for some good television — if you like taut, well-written, well-acted…
What could possibly go wrong with a sham workplace investigation?
Well, if it means that the employee diagnosed with anxiety and depression — the one who requested a reasonable accommodation to perform her job — gets fired. Well, then, a lot. That’s basically what happened in this recent federal court case out of Kentucky. You see, normally, a court won’t…
When it comes to ADA accommodations, reasonable is good enough
Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that doing so how cause it undue hardship. Generally, an employee will initiate the process by advising her employer that she is disabled…
A woman sharing topless photos at work prolly isn’t an invitation to grope her
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