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…
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…
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…
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…
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.…
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…
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…
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.…
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…
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…