Today we have a guest blogger at The Employer Handbook. It’s Mary Ellen Ellis. May Ellen writes for Paralegal 411, a career resource for individuals interested in starting a career in the paralegal field. (Want to guest blog at The Employer Handbook? Email me). The Americans with Disabilities Act (ADA)…
Articles Posted in Discrimination and Unlawful Harassment
2 tips to help your social media policy withstand NLRB scrutiny
Notwithstanding three social media advice memoranda, and another ruling from the National Labor Relations Board slamming Costco’s social media policy, you’d think employers would have a better idea how to revise their social media policies so as not to risk violating the National Labor Relations Act. Well, not so much.…
It’s not disability discrimination when you don’t know about the disability.
William Wengert is HIV-positive. He worked as a certified nursing assistant for Phoebe Ministries, until he was terminated last year following an incident in which a resident suffered a broken leg. The company claimed that the incident with the resident precipitated the firing. Conversely, Wengert alleged that the company violated…
You be the judge: Can this employer enforce its general release?
Alright folks. Kindly remove your lawyer and HR hats for a moment and don the judicial robe and gavel. Your Honor, what you must decide, based on the facts that I will lay out below for you after the jump, is whether the release that the Plaintiff-employee signed is…
GUEST POST: 5 Disability-Discrimination-Law Basics for Employers
Today we have a guest blogger at The Employer Handbook. It’s one of my readers, Joseph Ginarte. Joseph is an employment lawyer with Ginarte, O’Dwyer, Gonzalez, Gallardo Winograd. Like his post? Feel free to email him some comments! (Want to guest blog at The Employer Handbook? Email me). * *…
New equal-rights rules for NJ employers take effect next month
I’d better remember to post this now before I get bitten and turn into a zombie and munch on your face.. [Note to self: Less of “The Walking Dead,” more sleep]. On November 19, 2012, this new law will take effect in NJ, which will require employers of 50…
Employee’s Twitter hatin’ costs him unemployment benefits
An employee getting fired for caustic social-media posts is so 2011. Having an application for unemployment-compensation benefits denied because of Twitter stupidity — that’s the new black. Details of a recent Commonwealth of Pennsylvania decision — don’t tread on me, Idaho — after the jump… * * * Stephen Burns…
144 “N”-words, but black employees can’t prove they were offended
Take a few minutes to read this decision. It will blow your mind. Here’s the long and short of it: Three black employees sue for race discrimination claiming that they were subjected to a racially-hostile work environment. The court actually did the math: During the relevant time period, Facer…
172 resources to up employment flexibility in your workplace
1. Yoga 2. Bikram Yoga 3. That other kind of yoga 4. ummmm…… I have three kids three and under. Like I have time on the weekend to come up with 172 anythings…let alone something requiring a scintilla of creativity, save channeling my inner Andy Warhol at the children’s museum…
Utilityman can’t climb utility poles, but has ADA claim against utility company
From the blog that brought you “Can a bridge worker with a fear of heights have a viable ADA claim?,” comes news of a recent federal-court decision which — well — you read the title to this blog post. In RRRRRRRRRRRRRRico v. Xcel Energy, Inc. [cue music] the plaintiff,…