Close

Articles Posted in Discrimination and Unlawful Harassment

Updated:

Could Shock G a/k/a Humpty Hump have used FMLA leave to get a nose job?

All right! Stop whatcha doin’. ‘Cause I’m about to — school you on the Family and Medical Leave Act. Yes, it’s another hip hop employment law lesson, this time honoring the late great Gregory Edward Jacobs a/k/a Shock G a/k/a Humpty Hump. Shock G’s alter ego Humpty Hump was the…

Updated:

Is Skee Lo’s height a disability under the Americans with Disabilities Act? #IWishIWasALittleBitTaller

A 90s hip hop lesson on the Americans with Disabilities Act? 🎵🎧🎙 Yes, please. Back in the mid-90s, amidst a brewing East Coast/West Coast rap battle, a diminutive MC named Skee Lo became a one-hit-wonder with a lighthearted track called “I Wish.” In that track, the diminutive Mr. Lo wishes…

Updated:

Do COVID-19 business immunity state laws protect employers from ADA lawsuits too?

Image by Clker-Free-Vector-Images from Pixabay According to Bloomberg Law, “broad liability protections that shield most or all businesses [from COVID-19 liability are in] roughly half of all states now.” So let’s say that one of your employees is immunocompromised with an underlying disability, and she seeks an accommodation to mitigate…

Updated:

Should religious objectors be excepted from mandatory vaccine requirements at work?

Arne Müseler / www.arne-mueseler.com, CC BY-SA 3.0 DE, via Wikimedia Commons I know this should be a “Monday” post, but, oh, what the heck. Over the past several days, I’ve read several articles about providing religious exemptions for the COVID-19 vaccine. The Dean of the UC-Berkely School of Law says…

Updated:

500,000 dollars, err, reasons not to stereotype women in traditionally male-dominated industries

Image Credit: pxfuel.com When many people think of a “motorcycle enthusiast,” they imagine someone in sunglasses, a leather vest, jeans, boots, and lots of facial hair. And while that describes my Aunt Helen, most folks picture someone like the guy in the photo. By the way, I don’t have an…

Updated:

Does federal law forbid discrimination based on interracial relationships? Two courts disagree.

Image Credit: MaxPixel.net A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant. Is this retaliation? A federal court in Pennsylvania said no. It reasoned that while Title VII…

Updated:

44 million more reasons to properly define essential job functions and explore reasonable accommodations. And it’s the SAME EMPLOYER!!! 😲😨🤯

booledozer, CC0, via Wikimedia Commons On Wednesday, I posted about a $250K Arkansas federal jury verdict against an employer for violating the Americans with Disabilities Act. Well, you’ll never believe this! Earlier in the month, another federal jury in Wisconsin concluded that the same employer had violated the ADA. But…

Updated:

250,000 reasons to consider a reasonable accommodation — even if the employee can perform his job duties anyway

Jami430, CC BY-SA 4.0, via Wikimedia Commons Once during mediation, a federal judge asked me if I knew which type of discrimination jurors hated the most? I thought maybe age discrimination or retaliation, which jurors could either relate to personally or through a spouse or parent. “No,” said the federal…

Updated:

Can you legally fire a “victim” whom you honestly believe has fabricated a discrimination complaint at work?

Image Credit: Piqsels.com (CC0 public domain license) Let’s answer one of the most common questions that I receive when I speak at HR events. The answer is yes, according to this recent federal court decision. I’ll explain why in a bit, but let’s start with the unique facts. The plaintiff…