Allow me to be serious for a moment… Moment’s passed, eh? Ok. Let me bring it back… Last week, the Fifth Circuit Court of Appeals ruled (here) that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the…
Articles Posted in Discrimination and Unlawful Harassment
Supreme Court passes on ADA transfer accommodation case
Here’s the scenario: You have a disabled employee who seeks an accommodation. Mindful of the Americans with Disabilities Act, and being the compliant company that you are, you engage that employee in an interactive dialogue to discuss reasonable accommodations — options to allow the employee to perform the essential functions…
Employee alleges he got the “Office Space,” claims age discrimination
If the movie “Office Space” has taught me anything, it’s to wear 37 pieces of flair to work — do more than the bare minimum — and to use a cover sheet with my TPS reports. And never mess with a man’s stapler. That too. Especially when you’re also moving…
EEOC talks employer wellness programs; provides an ADA Q&A
Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities Act applies to applicants and employees with…
Ha Ha! You pulled my pants down! Now I’m suing you for sexual harassment.
When offering respect in the workplace training for employees and supervisors, I emphasize that an employee who laughs at sex jokes in the workplace is the same employee who may later sue for sexual harassment. Like Little Ladner did. (Yes, Little Ladner) More after the jump… * * * Ms.…
Horniest boss ever? His employee still can’t prove sexual harassment.
I’ve been searching for gold recently. So, I knew I was on to something good when I started reading this opinion last week, and wasn’t sure whether what I was reading was a sexual harassment case or a porno script. What can I say? I like the plots. Folks, if…
“At your age, David, you hadn’t even thought about retiring?”
What could go wrong when the boss’s son asks that question of, David, a nearly-40-year employee? Oh, right, David got laid off a week later. Age discrimination? Well, let’s see… We know that when an employer inquires about an employee’s retirement plans — without bringing up age — it should…
A record-setting EEOC verdict, and a judge puns about strip clubs
You’re thinking I should have led with the strip club, eh? On Wednesday, an Iowa jury awarded $240,000,000 to a group of 32 men with intellectual disabilities, whom it found had been discriminated against in violation of the Americans with Disabilities Act. According to this EEOC press release, the verdict…
Third Circuit says VIPs cannot sue for Title VII discrimination
Robert Mariotti was the vice-president and secretary of the company his father founded. Not only was he a corporate officer, but Mariotti also served as a member of the board of directors, and was a shareholder who could only be fired for cause. In 1995, Mariotti had a spiritual awakening,…
Will Congress finally greenlight LGBT rights in the workplace?
Discrimination is just plain wrong. It is shocking that there is still anywhere in America where it is legal to fire someone for their sexual orientation or gender identity. Americans understand that it’s time to make sure our LGBT friends and family are treated fairly and have the same opportunities…