Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration) The short answer is no. The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting…
Articles Posted in Discrimination and Unlawful Harassment
The EEOC emailed me its INTERNAL Religious Accommodation Request Form. Want to see it?
Image Credit: https://www.maxpixel.net/Online-Dating-Email-Love-Letter-Email-Love-Tinder-4479544 Earlier this week, the U.S. Equal Employment Opportunity Commission provided additional information on religious objections to workplace vaccine requirements to its growing technical assistance manual. Thank you. But, yesterday, one of the EEOC Commissioners emailed me the actual form that the EEOC uses to process religious accommodation…
How to call applesauce on COVID-19 religious objections and other new advice from the EEOC
Image Credit: Eric Meyer I meant to write a blog post on Sunday evening to go up yesterday. But, here’s the thing. After Seattle, I flew to Las Vegas for the Eagles/Raiders game. And what I witnessed on the football field on Sunday afternoon, I spent some time in the…
A federal judge made it really dang hard to prove medical marijuana discrimination
CommunistSquared, CC0, via Wikimedia Commons Greetings from Seattle. Before I begin my day of **checks notes** culture and refinement, I figured I’d blog first about this recent opinion from a federal court in Pennsylvania. It involves an individual — let’s just call him “Plaintiff” — who claimed that his former…
I’ll give you nine examples of what the law does NOT consider retaliation.
Image Credit: Photofunia.com Retaliation is the number one employment claim that workers pursue. Prevailing, however, is not that easy. To establish a claim of retaliation, an employee must produce enough evidence for a reasonable jury to conclude that (1) s/he engaged in a statutorily protected activity; (2) the employer took…
What a 🥴 private school in Florida can teach us about COVID-19 medical accommodations
Image Credit: Google Street View While warming up benching 315 lbs. at the gym yesterday, I listened to The Howard Stern Show. And I heard Howard talking about a private school in Florida that — get this — will force students to stay home for 30 days after every COVID-19…
The EEOC updated its COVID-19 vaccination guidance for employers
By U.S. Government – Extracted from PDF file here, Public Domain, Link Without any fanfare or press release (sigh), the U.S. Equal Employment Opportunity Commission updated its list of frequently asked questions entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The…
These employees actually convinced a court to block a workplace COVID-19 vaccine mandate. But how???
Image by torstensimon from Pixabay Ever since a federal judge in Texas upheld a workplace COVID-19 vaccine mandate back in June, the consensus among judges and lawyers was that employers could require workers to get a COVID-19 shot as a condition of employment. But, recently, the State of New York…
Telework as a reasonable accommodation seems to be a trend. Except when it’s not.
An employer has a policy that permits employees to work remotely one day every two weeks. An employee with a disability (PTSD and anxiety disorders) requests to work remotely twice per week and work weekends to make up for any lost time. That seems like a reasonable accommodation. Or not…
For the love of Zihuatanejo, please let your employees use the restroom when they need it.
daveynin from United States, CC BY 2.0, via Wikimedia Commons Do you remember that scene in The Shawshank Redemption where Morgan Freeman’s character ‘Red’ is working the checkout line at a local grocery store? After he finishes bagging someone’s items, he looks over at his manager and says, “Restroom break,…