Just another Friday here at the ole Handbook. Oh, get your head out of the gutter! This is a family blog. (Y’all have families, right?) For serious, today’s lede isn’t just gratuitous, there is an employment-law connection here. *** searching … searching … searching *** Ok, got it! Back in…
Articles Posted in Discrimination and Unlawful Harassment
I’ll take Supreme Court Justices on retaliation for $500, Alex.
Yesterday, the Supreme Court heard oral argument in University of Texas Southwestern Medical Center v. Nassar. In this case, the Court is being asked to determine what a plaintiff’s burden of proof is for a Title VII retaliation claim. Is it mixed motive? In other words, is it enough that…
GUEST POST: How Tech Creates Add’l Challenges in Today’s Workplace
Today we have a guest blogger at The Employer Handbook. It’s Noah Kovacs. Noah has over ten years experience in the legal field. He has since retired early and enjoys blogging about small-business law, legal marketing, and everything in between. He recently purchased his first cabin and spends his free…
Four ways to successfully defend an Equal Pay Act claim
This blog is nearly 2 1/2 years old and we have our first Equal Pay Act post. The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on…
Fired and told “you’re a little too old for your job,” Old Rose LOSES her age-bias claim
From the blog that brought you the classy September 2011 post, “This old mother****** may just have an age discrimination claim,” comes a story of a woman whom her former employer **cough** affectionately **cough** referred to as “Old Rose.” On other occasions, the plaintiff Rosemary Marsh was told, “you’re…
An employee using the “honest belief” doctrine in a bias case? As if!
To defend against a claim of discrimination, an employer can argue that it fired an employee because it honestly believed that the employee did “X.” And, as long as “X” isn’t discriminatory, the employer prevails. This is the honest belief doctrine. So, can an employee flip the “honest belief doctrine”…
Even rarely performed job functions may be “essential” under the ADA
You run a delivery service using large trucks and require that drivers be qualified by the Department of Transportation. Although your facility managers aren’t often behind the wheel of the big rigs, you nonetheless require that they too be DOT certified. One day, a manager with a disabling eye injury…
The importance of addressing sex stereotyping in the workplace
Many states and localities have laws forbidding discrimination on the basis of sexual orientation (LGBT). But Title VII of the Civil Rights Act, one of the federal laws barring discrimination in the workplace, law does not prohibit it. What Title VII does make unlawful, however, is stereotyping based on a…
Are Flounder from Animal House and Left Ear from The Italian Job “disabled”?
– “Mr. Dorfman?” – “Hello!” – “0.2… Fat, drunk and stupid is no way to go through life, son.” * * * – “That’s Left Ear. Demolition and explosives. When he was ten, he put one too many M-80s in the toilet bowl. Lost the hearing in his right ear.…
Leave as an ADA reasonable accommodation; when is enough…enough?
Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. Anecdotally, a question that plagues most employers is just how much leave is enough? We know that an indefinite…