Congratulations! Because you are reading this post, you somehow made it past your company’s internet firewall. That, or you’re a horny perv, Googling some effed-up search terms. But I’m a lawyer; I don’t judge. Either way, continue reading. After the jump, it’s the female bartender/server who is now suing her…
Articles Posted in Discrimination and Unlawful Harassment
EEOC releases final ADA Amendments Act regulations
Hot off the press! The EEOC has released its final ADA Amendments Act regulations. You can read the press release and get a copy of the regulations here. For some prior posts at https://www.theemployerhandbook.com about the ADA, ADAAA, and the supporting regulations, click here and here.
File this Supreme Court decision under “R” for RETALIATION
In a 6-2 decision, the Supreme Court held yesterday that a company may not retaliate against an employee who orally “filed a complaint” about perceived Fair Labor Standards Act (FLSA) violations. After the jump, I’ll break down this decision, just what it means to orally file a complaint, and the…
When sexting 64 times in 2 1/2 hours ISN’T sexual harassment
Beginning in October 2007, a doctor at a chiropractic practice repeatedly sent lewd and sexually offensive text messages at all hours of the day and night to his receptionist in which he requested sexual favors and made lewd comments such as: “suck me beautiful,” “I’m so @#$%^,” “U want to…
Prepare for the new federal rules on public accommodations
On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public. To find out out whether YOU may be covered and, if so, what your obligations are, click…
U.S. Supreme Court green-lights even MORE discrimination claims
Just over a month ago, the Supreme Court unanimously held that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same “zone of interest” as another employee who complains about unlawful harassment in the workplace. Yesterday, in an…
Unemployed applicant + no job offer = discrimination?!?
In a public meeting last week, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of employers considering only those currently employed for job vacancies. Do those employers who won’t consider unemployed individuals for vacant positions engage in unlawful discrimination? Find out, after the jump (or just watch my…
Can an employer legally refuse to hire a smoker?
Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.” But is this…
What do social media, genetics and the NFL have in common?
Nothing really. But I needed to combine three topics into one quick blog post. On Genetics I will be presenting a webinar tomorrow (2/16) at 1:30 PM EST on how the Genetic Information Nondiscrimination Act will affect your company. If you had to click on the hyperlink, then you probably…
What to do when a disabled employee requests an accommodation at work
Recently, my friend Sharlyn Lauby, owner and sole proprietor of the HR Bartender Blog invited me to weigh in on a reader question about accommodations under the Americans with Disabilities Act. The reader, who is completely deaf, began developing neck pain at work because, the way her desk was positioned,…