Rep. Carolyn Maloney [D-NY14] is at it again. A sponsor of a bill that would greatly expand the scope and reach of the FMLA, Rep. Maloney has co-sponsored another bill, the Breastfeeding Promotion Act of 2011, which would amend both the Fair Labor Standards Act and Title VII of the Civil Rights Act…
Articles Posted in Discrimination and Unlawful Harassment
Inquiring about retirement plans = age discrimination?
Let’s say that a company holds a meeting for older employees (all are over 49 years old). And the purpose of the meeting is to discuss the future expectations of the employees in attendance, including retirement options at the company. Then throw in a stray remark from the company, something…
Pottymouths don’t usually win sexual harassment lawsuits
A federal court has bounced a woman’s sexual harassment claims against her former employer because the court believed that the woman was not offended by the conduct about which she complained. Some analysis and employer lessons after the jump… * * * She could dish it as well as…
When hiring: Just because you can ask it, doesn’t mean you should
I received a comment to yesterday’s post about 29 questions you should never ask a candidate in a job interview. Laurie Ruettimann, who blogs at The Cynical Girl, questioned the real-world ramifications of making one of my 29 no-no’s: “Hey, Eric. Great list. I once had an employment lawyer…
What would Kenny Powers do? Interview questions to avoid
HBO Go may just be the best app ever. Over the past two weeks, I’ve gotten current on Entourage and Game of Thrones, and begun watching Eastbound and Down. Watching characters like Ari Gold, Kenny Powers and Tyrion Lannister got me thinking. If these guys were in HR, what…
Fact or Fiction: Miniature horse = reasonable ADA accommodation
Welcome back to “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”. https://www.youtube.com/watch?v=UFLJFl7ws_0 So, is a miniature horse a reasonable accommodation under the Americans with Disabilities Act? Maybe. Title I of the ADA covers employers discriminating against qualified individuals…
Welcome to the Employment Law Blog Carnival: Jukebox edition!
The Employment Law Blog Carnival has finally rolled into town. What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme. For this edition of the Carnival,…
Pornographers need employment lawyers too, you know.
Welcome everyone to the first last edition of T&A Thursday, where I update you on all that’s going on in the world of porn and employment law. After the jump, it’s all the news that’s barely fit to print. (At least it’s safe for work)… * * * Hit the…
Fact or Fiction: A “general release” settles all discrimination claims
Welcome back to “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”. But before I dispense with the brevity, allow me to pat myself on the back as, yesterday, both the ABA Law Journal and the Wall Street Journal…
Job candidate bolts from a drug test; sues for disability bias
Stop me if you’ve heard this one before: Job candidate is told that any job offer is contingent upon passing a drug test. On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces. No drug test means that job candidate is disqualified from…