Image by Mike Braun from Pixabay On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate based on sex, also prohibits discrimination based on sexual orientation and transgender…
Articles Posted in Discrimination and Unlawful Harassment
Want three ways to improve employment of U.S. veterans with disabilities? The EEOC has got your back.
Image by Shonda Ranson from Pixabay Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them. The revised publications are: EEOC Efforts…
HELP! My employee with a disability wants a reassignment to an open position. (But, we have a better internal candidate.)
Image Credit: reassign by Ralf Schmitzer from the Noun Project Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue…
That time when all the employment lawyers got paid and the litigants got zilch!
Image by Clker-Free-Vector-Images from Pixabay Just about the only folks guaranteed to get paid in an employment discrimination case are the lawyers. Employers generally pay the lawyers representing them by the hour. Conversely, employee-rights attorneys generally representing plaintiffs in these types of cases do so on a contingency basis, meaning…
The EEOC has a new 114-page religious discrimination playbook. But, 2 of those pages got me like 🤔🤔🤔
Sowlos, CC BY-SA 3.0, via Wikimedia Commons Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had released for public comment this new draft guidance on religious discrimination in the workplace. The EEOC is long overdue for an update. As the EEOC notes in the press release, it…
He used the “N”-word twice . . . and may just win his race discrimination claim too?!?
Pixabay.com A black man who was fired after recording a rap song, claims that his race — not his use of the “N”-word twice in the video — motivated his employer to end his employment. And, according to a federal judge in California, he may be right. Here are the…
Five ways that a Biden presidency may reshape employment law and HR-compliance
Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons Once the networks called the presidential election for Joe Biden over the weekend, something dawned on me. Maybe, I should write about how the new administration may impact employment law. I mean, what other employment…
She settled her disability discrimination claim for cash and a lateral transfer. Then she sued for . . . retaliation?!?
Alexas_Fotos on Pixabay If I felt a little snarkier, I would have gone with this instead of the confused emoji. No, I’m pretty sure that’s not how the Americans with Disability Act (ADA) works. Under the ADA, it’s just as unlawful to retaliate as it is to discriminate. A plaintiff…
The Holocaust denier I wrote about last year got re-hired — and then fired AGAIN!
Image by macdeedle from Pixabay Last year, I wrote here about a Florida high school principal who was fired because, allegedly, he refused to say the Holocaust happened because “not everyone believes” it actually occurred. Well, according to CNN, about a month ago, the school board picked the wrong week…
Paid sick leave for COVID-19 is flattening the curve…with fewer employment lawsuits too?
Image by Markéta Machová from Pixabay Back in March, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA allows eligible employees to receive either paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. Recently, COVID-19 numbers have begun spiking…