Cskiran / CC BY-SA Good thing I added a few extra servers today, juuuuuuuust in case I had a few extra clicks on this blog post. Last week, the Eleventh Circuit Court of Appeals wrote 150 pages (here) to address the retaliation of claims of an HR representative (let’s call…
Articles Posted in Discrimination and Unlawful Harassment
Happy 30th Birthday to the Americans with Disabilities Act
Image Credit: Marco Verch on Flickr //embedr.flickr.com/assets/client-code.js Thirty years ago — technically, thirty years ago yesterday — President George H.W. Bush signed the Americans with Disabilities Act into law to protect the rights of individuals with disabilities. A brief history of the ADA Title I of the ADA makes it…
After tweeting support for Nick Cannon, a remorseful NBA player’s words and actions earn him a well-deserved second chance
Phil Whitehouse//embedr.flickr.com/assets/client-code.js Anti-discrimination law focuses on the impact that bad acts have on victims, not on whether the actor intended the consequences of his actions. That’s why many employment lawyers caution employer-clients against second chances for employees that do things that others perceive as discriminatory. Just ask Nick Cannon. Second…
Three important employment law lessons from ViacomCBS firing Nick Cannon for anti-Semitic remarks
Nick Step / CC BY Earlier this week, ViacomCBS announced that it had severed ties with Nick Cannon over anti-Semitic remarks he made recently on this episode of his YouTube podcast “Cannon’s Class.” Mr. Cannon has often appeared on cable networks, MTV and TeenNick, both of which ViacomCBS owns. In…
How a negative COVID-19 test turned into an FLSA collective action.
Image by Tomislav Jakupec from Pixabay The Families First Coronavirus Response Act requires certain employers to provide employees with paid sick leave for specified reasons related to COVID-19. One of those reasons is when an employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis. From FFCRA to FLSA.…
We interrupt this mediation discussion for a NEW Supreme Court employment discrimination decision!
Public Domain, Link I know I said that I would post a mediation video today. But, give me a rain check on that, and I think that I can do you one better. If you would be interested in an upcoming Zoom with me and a member of the EEOC…
How does EEOC mediation work? Is it worth it? How about during COVID-19? Ask away!
Image by Gerd Altmann from Pixabay Most of you know that I’m not just a handsome hecka-handsome and snarky employment law blogger, but I’m also a management-side employment attorney too. But, did you also know that I’m also an employment law mediator? TRUTH! For over a decade, I have volunteered…
Your state just imposed new quarantine rules for out-of-state travel. Now what?
Image by Jan Vašek from Pixabay A client emailed me yesterday asking if I’d read about the new COVID-19 quarantine restrictions for travelers to the Commonwealth of Pennsylvania. Specifically, the client asked whether they could trigger a need to provide leave under the Families First Coronavirus Response Act. Maybe your…
Can you fire an employee who knowingly comes to the office with COVID-19?
oImage by Alexas_Fotos from Pixabay TL;DR – Damn skippy, you can. Do you guys read “Ask a Manager” by Allison Green? It’s a fantastic HR blog where readers submit questions — some real zany ones — to Allison for her input. Yesterday, I noticed that a reader had asked for…
10 million more reasons not to account for age when returning employees to work.
Jericho / CC BY About a week or so ago, the U.S. Equal Employment Opportunity Commission reminded employers that federal anti-discrimination law does not require that businesses accommodate older workers due to their age if, for example, they need help returning to work. I wrote about that here. But, here’s…