Ok, the Sixth Circuit Court of Appeals’ opinion wasn’t quite that colloquial when questioning the trial judge’s analysis. However, I’ll explain why the appellate court concluded that a jury should decide whether a black tool crib operator who testified that numerous coworkers used the N-word routinely while he was around…
The plaintiff in this federal court decision I read last night didn’t exactly come off as a model employee. According to the decision, others reported that the plaintiff, a security officer and transportation driver, took extended lunch breaks, made unauthorized stops while making product deliveries (including a car dealership to purchase a…
The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug…
A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to arbitrate her claim against her former employer under the Age Discrimination in Employment Act is enough to lose it forever when her brief delay violates the plain terms of an arbitration…
Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees based on religion. As the EEOC points out, “the law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious,…
Have you ever heard of quid pro quo sexual harassment? The U.S. Equal Employment Opportunity Commission says it occurs where employment opportunities or benefits are granted because of an individual’s submission to the employer’s sexual advances or requests for sexual favors. In those situations, the employer may be liable for unlawful…
If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this blog post at others. (And if you don’t deal with HR compliance and employment law issues regularly, dude, WTH are you doing here?) I thought of this last night as I…
Yesterday, the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” which is focused on preventing discrimination against job seekers and workers. EEOC Chair Charlotte…
Yesterday, the EEOC released a new fact sheet on “What To Do If You Face Antisemitism at Work,” which, according to this survey, is a relatively common occurrence. Most of the fact sheet generally applies to any protected class. For example, the fact sheet states, “Title VII … prohibits workplace…
I’ll explain why a federal court determined the complaint of a sports radio talk show host failed to state a claim upon which relief could be based. On October 21, 2021, the plaintiff filed an employment discrimination and retaliation lawsuit against his former employer, contending that he was terminated due…