With so many employment laws out there, it’s not easy to keep track of what those laws say — let alone under which of them your business may be covered. Well, who loves ya! After the jump, it’s employment laws by the numbers — number of employees that is —…
Articles Posted in Discrimination and Unlawful Harassment
Uneven discipline can lead to big headaches and bigger lawsuits
A longtime employee of the Secretary of State’s office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct. Is that right? Can…
The Scooter Store … yadda, yadda, yadda … disability bias?
https://www.youtube.com/watch?v=csuZHyW-iGI i·ro·ny (noun) [ahy-ruh-nee]: an outcome of events contrary to what was, or might have been, expected. The United States Equal Employment Opportunity Commission has sued The Scooter Store, a purveyor of power chairs for the disabled, for disability discrimination. Here is a copy of the Complaint. And here is a copy of…
Fact or Fiction: Pregnancy is a disability under federal employment law
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”. The answer to today’s question is fiction. Pregnancy is not a “disability” for purposes of the Americans with Disabilities…
Final score: Pregnant bartender 45,000 – Wild Beaver Saloon 0
I can pinpoint the exact moment that this blog transcended to the next level of internet excellence. It was back in late March, when I blogged here about a female bartender/server who had sued her employer, the Wild Beaver Saloon, for pregnancy discrimination. The retweets that day were off the…
Third Circuit delivers a cat’s paw gouging to employers
Note: The original working title for this post was “Yo! A-Yo! Federal courts in Philly and NYC get all catty and stuff”. I mention this not because it’s a recycled New Yorker headline, but because it puts into context the gratuitous shots I take at NY sports teams sprinkled into…
This is why you document employee workplace issues
Management-side employment lawyers preach it until they are blue in the face: companies should always document employee performance and disciplinary issues. Why is this so important? A real-world example follows after the jump… * * * Documentation makes courts feel all warm and fuzzy. This case is Day v. Morgan.…
Sleep with me, or you’re fired!
Sex sells. My most popular posts at The Employer Handbook — that’s based on you reading them (you’re all sick I tells ya, sick!!! And remember, I’m logging IP addresses) — generally involve some element of sexual behavior. You have the Brazilian self-stimulator. Actually, make that sexual behaviour — there’s…
Fact or Fiction: Retaliation requires job-related action (e.g., firing)
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”. Until about five years ago, a plaintiff had to prove a materially adverse employment action in order to recover…
Apparently, sex in a supply closet is not sexual harassment
At least that’s what a federal court in Utah opined. I promise that this is not a prurient post gratuitously conceived to drive internet traffic to The Employer Handbook. And this case has nothing directly to do with Pennsylvania, New Jersey or Delaware employers (Ok, that last line was shameless.…