Image by Prohibition to publish images as your work in photobanks! from Pixabay On the heels of the federal government announcing that it will change how it trains federal workers on diversity, equity, and inclusion (DEI), thank you to the hundreds of readers that took a few minutes to respond…
Articles Posted in Discrimination and Unlawful Harassment
VLOG time! The EEOC dropped some new-ish COVID-19 guidance for employers.
Connetmiller / CC BY You can either read it here. Or, you can relax with a morning scotch latte and watch me explain it in this latest video from The Employer Handbook YouTube Channel. (Click here to subscribe). Either way, enjoy! P.S. – If you missed yesterday’s blog post about…
The government plans to change how it trains employees on issues of race
\\\ This two-page memo from the Executive Office of the President made several headlines on Friday. Here’s a sampling: White House Orders End Of ‘Un-American’ Racial Sensitivity Training At Federal Agencies (Huffington Post) Trump orders stop to ‘White privilege’ diversity training in federal government (Washington Times) Trump Bans Diversity Training, Claiming…
Can a non-employee sue under Title VII as the target of the retaliation against his child?
Image Credit: https://pixy.org/528010/ I’ve got a hypothetical situation for you. ABC employs Sally. Sally’s father, John, is a third-party vendor who sells widgets to ABC. One day, Sally files a charge of discrimination with the EEOC against ABC, claiming to be the victim of gender discrimination. Eventually, Sally resigns and…
Here is a page from the COVID-19 ADA accommodation playbook
By John Dorwin – <span class=”int-own-work” lang=”en”>Own work</span>, Public Domain, Link In its recent COVID-19 Americans with Disabilities Act guidance, the U.S. Equal Employment Opportunity Commission encouraged that employers be flexible in determining accommodations for employees during the pandemic. Some suggestions included temporary job restructuring of marginal job duties, temporary…
Jacob Blake, racism, and what it means to be on the right side of history
Image by Jody Davis from Pixabay On Wednesday evening, the players on the NBA’s Milwaukee Bucks shocked us all. They voted not to play their scheduled playoff game against the Orlando Magic in protest of the shooting of Jacob Blake. Mr. Blake is a 29-year-old African-American man whom a Kenosha,…
1,250,000 reasons to take all complaints of race discrimination seriously
Two black employees complain to a supervisor that a white co-worker is taunting them with racial pejoratives. What do you do? Take the complaint seriously, investigate, and take other steps that are reasonably designed to end the complained-of behavior, nothing, or ignore the complaint, just like the racist graffiti of…
Can a business legally require face masks in the workplace? Would sarcasm change the answer?
Image by Hatice EROL from Pixabay Let’s find out… Face mask mandates have spawned a spate of lawsuits by patrons of restaurants and grocery stores. Are face mask mandates akin to “no shirt, no shoes, no service”? Or is there something more when requiring face masks? Shout out to Jelisa…
An indefinite leave of absence may be an ADA reasonable accommodation. Wait, WHAT?!?
Image by ErikaWittlieb from Pixabay As employment lawyers, we counsel clients that there is no one-size-fits-all approach to requests for reasonable accommodation under the Americans with Disabilities Act. Indeed, they are very fact-specific. Although, there is one fundamental immutable truth; namely, a request for an indefinite leave of absence is…
COVID-19 doesn’t prevent claims of sexual harassment. Just ask a certain hockey mascot. 🏒🦁
Santeri Viinamäki / CC BY-SA We’re in the middle of a pandemic. While telework and ‘social distancing’ don’t eliminate the possibility of a sexual harassment claim, let’s face it, we’re not exactly in the same #MeToo world as we were last year. But that doesn’t mean that businesses can take…