On August 7, 2018, a worker sent an email. The email stated, “I fear retaliation” and “my colleagues and I have been the victims of continuous harassment, both sexual and emotional.” On August 9, 2018, just two days later, the company fired her. How do you think that turned out?…
In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumé stated that she held a master’s degree in Public Health and had experience as a licensed sanitation. The candidate nailed the interview. Ultimately, the employer hired her for the Health…
Today, the Pregnant Workers Fairness Act takes effect. The Act requires private employers with 15 or more employees (and Congress, Federal agencies, employment agencies, and labor organizations) to make reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions unless the employer can demonstrate that doing so would…
Near the beginning of the pandemic, an employee in New Jersey reported to work but felt ill; specifically, he felt “cold, clammy, and weak.” After going home, the employer told him not to return until he tested for COVID-19. The next day, the plaintiff went to a free clinic where…
Not this Boss. I’m talking about someone so high up in the company food chain that they serve as the organization’s proxy. Ordinarily, when an employee accuses a supervisor of creating a hostile work environment, as long as the company has not taken a tangible employment action against that employee,…
On Wednesday, U.S. Senator Kirsten Gillibrand (D-NY), Senate Judiciary Committee Ranking Member Lindsey Graham (R-SC), Senate Judiciary Committee Chair Dick Durbin (D-IL), and Representative Nancy Mace (R-SC) announced the introduction of the bipartisan Protecting Older Americans Act. The legislation would invalidate forced arbitration clauses that require employees to arbitrate claims…
A schoolteacher who got promoted to Assistant Head of School, only to have her position eliminated, felt that the school should have explored other alternatives. She believed this demonstrated a pretext for age discrimination. She was wrong. The Age Discrimination in Employment Act (ADEA) prohibits private employers from firing an…
Now, I know a lot of you reading this are out in Las Vegas at SHRM23 right now. And you probably work for companies that provide Employee Assistance Programs (EAPs) to employees that could use counseling or support. Most of you know that the Americans with Disabilities Act, which bans…
The white woman many refer to pejoratively as “Central Park Karen,” after a videotaped dispute with a Black birdwatcher in Central Park went viral, was at it again. This time, appealing the “L” she took from a New York federal court in a race discrimination and defamation lawsuit against her…
At a workplace in Nevada, “sexually graphic, violently misogynistic” music from artists like Eminem and Too $hort “blasted from commercial-strength speakers placed throughout the warehouse, the music overpowered operational background noise and was nearly impossible to escape.” Employees complained about it “almost daily.” But management brushed those complaints aside and…