This week, I am on vacation. The Supreme Court didn’t get my memo. Fine. But, I’m not putting down my beer to write this post. So, you get a one-handed rundown of the two employment-law decisions the court issued yesterday. Pardon my typos after the jump… * * * A…
Articles Posted in Discrimination and Unlawful Harassment
When a hostile work environment isn’t a hostile work environment
Every so often, I get a call from an employee. The call goes something like this: “I need an employment lawyer. Are you an employment lawyer?” “Yes.” “Good. Because I am dealing with a hostile work environment.” “Well, I generally only represent employers. So—” “— But, my hostile work environment…
Paula Deen didn’t exactly deny those allegations of race discrimination
DISCLAIMER: Since I’m getting the fodder for my post from RadarOnline (via the National Enquirer), consider the sources, and remember that what you are about to read are allegations. Plus, Ms. Deen’s team subsequently told Entertainment Tonight that Ms. Deen does not condone or find the use of racial epithets…
The ADA way to require psych counseling for an employee
The Americans with Disabilities Act (ADA) limits when an employer can require an employee to take a medical examination. Specifically, the ADA forbids employers from requiring medical exams (and cannot otherwise inquire into the nature or severity of a disability) unless the exam or inquiry is shown to be “job-related…
Grab-ass in the workplace may be sexual harassment, you guys
Biting the staff doesn’t help either; even if it doesn’t leave a mark. You see, I couldn’t make this stuff up if I tried.
Can height be a disability under the Americans with Disabilities Act?
Barbara Joy McElmurry worked for the Arizona Department of Agriculture. In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work position in which she would not be able to drive vehicles because she was too short (4’10”). So, McElmurry asserted a…
The most cockamamie excuse evah for firing a pregnant employee
When it comes to reasons for firing employees, I’ve heard some good ones in my day — and by good, I mean legitimate. Conversely, the excuse I just read in the Seventh Circuit’s opinion in Hitchcock v. Angel Corps., Inc., a case involving a pregnancy discrimination claim, may be the worst.…
“What do you mean, ‘you people’?”
Trouble in the workplace; funny in the jungle.
Not for Teacher: Court denies request to miss Tuesdays for Sabbath
Bad Van Halen pun aside, let’s play some Skynyrd. Even Waldo agrees. So, there was this woman in Louisiana who took a teaching position at an elementary school. You know the kind; one that operates on weekdays. And, around her start date, she asked the administration for Tuesdays off to…
Tough HR issues: ADA and extending a leave of absence
Alright smarties. One of ABC Company’s employees suffers from post-partum depression. She’s been out of work for over a month, and the company wants to replace her. But, first, it wants your advice. Read all the facts below: Emily Employee is an HR Coordinator at ABC Company. ABC provides short-term…