Image Credit: Google Street View Today’s edition of “DON’T DO THIS” comes from an unlikely source: The Howard Stern Show. Yesterday afternoon, while catching the replay of The Howard Stern Show in the pick-up line at my kids’ school (#responsibleparenting), I heard them discussing a private school in Florida that…
Articles Posted in Discrimination and Unlawful Harassment
Maybe if I blog about it enough, the Pregnant Workers Fairness Act will actually become law
Image by councilcle from Pixabay For the third time in the past year, I am blogging about the Pregnant Workers Fairness Act. Why? Because last week, Senators Murkowski (R-AK), Casey (D-PA), Cassidy (R-LA), Shaheen (D-NH), and Moore Capito (R-WV) introduced the PWFA in the Senate. On September 17, 2020, the…
Yet another court reaffirms that the ADA does not require accommodating marijuana use
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock. Better dust off the cannabis scales of justice for this one. The ADA…
EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon
Image Credit: Photofunia.com Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups…
The House approved the Paycheck Fairness Act. Now, it will probably die in the Senate. 💀💀💀
Senate Democrats, CC BY 2.0, via Wikimedia Commons “Equal Pay for Equal Work” has been the rallying cry in support of the Paycheck Fairness Act (PFA), which the House passed last week by a 217-210 vote. According to the U.S. Bureau of Labor Statistics, in 2020, women earned 82 cents…
PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.
Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling. Still, it was…
Scoop! EEOC won’t cone-done ice cream company’s alleged pro-Hispanic hiring practices
Nicolas Ettlin, CC BY-SA 4.0, via Wikimedia Commons You (soft) served up one pun too many, Eric. Geez! I might have blown my chance at drafting press releases for the U.S. Equal Employment Opportunity Commission. Then again, anything is popsicle when you’re the cream of the crop. Yeah, that’d be…
This is, by far, the most important ADA decision so far in 2021.
Image by Mudassar Iqbal from Pixabay And it’s not at all what you think. Title III of the ADA When most of you consider the Americans with Disabilities Act, you probably think of employees with disabilities and reasonable accommodations. That’s Title I of the ADA. But, Title III of the…
As a reasonable accommodation, must an employer transport an employee with a disability to/from work?
Image by eiden_kris from Pixabay One of your employees has a disability that prevents her from getting to work consistently. The problem is that regular attendance is an essential function of the job. So, remote work isn’t an option. Do you need to provide her transportation as a reasonable accommodation…
Justices Alito, Gorusch, and (Thurgood) Marshall share the same views on … religious accommodations?!?
Image by CryptoSkylark from Pixabay I know, right? Shocking! But it’s true, and I’ll explain why. “More than a de minimis cost.” On Monday, the Supreme Court decided not to review a case in which an employee claimed that his former employer failed to accommodate his religious beliefs by allowing…