Image by Tariq Abro from Pixabay I’m pretty sure that I’ve blogged about this before. But, maybe not. So, either what I’m about to tell you bears repeating, or I’m only going to say this once, so pay attention. If an employee with a disability requests a chair, stool, or…
Articles Posted in Discrimination and Unlawful Harassment
Can you fire a supervisor accused of sexual harassment without investigating first? Yep.
Image Credit: https://www.publicdomainpictures.net/en/view-image.php?image=298867&picture=lifeguard-chair-at-indoor-pool Today, I want to tell you about a lifeguard who worked for several years for an employer in Washington, DC. By his own estimation, this lifeguard “was a stellar employee who was a highly skilled lifeguard, supervisor, swim instructor and coach.” But, after receiving anonymous complaints of…
This great federal court decision I read offers seven keys to a proper severance agreement
Image by Andreas Breitling from Pixabay A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So…
You be the judge: Does this sound like race discrimination to you?
Highway Patrol Images [CC BY 2.0], via Wikimedia CommonsMaybe you’ve been reading this employment law blog for years. Or today could be your first time here. (What took you so long?) You may be a licensed attorney, an HR professional, or just a blog groupie on the dark path to…
Six million reasons to remember that the EEOC continues to take your company’s background checks seriously
By U.S. Government – Extracted from PDF file here., Public Domain, Link On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The EEOC…
Courts don’t second-guess non-discriminatory business decisions. Even the tough ones.
Image by mohamed Hassan from Pixabay There are times when employers have to make difficult decisions impacting the workplace. Today, I’m going to talk to you about one of them involving an employee who attempted suicide and, subsequently, pressed the company to return him to work. The plaintiff in this…
How to fire a poor performer who complains about discrimination and still avoid a retaliation claim
Image by Christos Giakkas from Pixabay You have an underperforming supervisor in your workplace. Several employees have complained about her work performance and leadership. So, the plan is to fire her. Except, three weeks before you terminate this supervisor’s employment, she complains about discrimination. Can you go through with the…
As we approach the holiday season, remember to protect your seasonal workers
Our first full day of London sightseeing is in the books. Not only did I leave and return home to our VRBO with four children — #DadOfTheYear — but I also found a suitable protector for the many barrels of local whiskey that I’m gate-checking at Heathrow when I return…
Was the plaintiff too Jewish to get a job in Ohio? Or was it something else? (Spoiler alert: Something else)
Having avoided sepsis and other O’Hare carpet-related food contamination, the Meyer Family arrived in London yesterday, dominated some fish and chips (not pictured above) in Soho, and is gearing up for a full day of sightseeing and shenanigans today. So, with the kids in bed and me at the computer…
A company called the plaintiff an ‘old timer’ and later fired him. But he LOST his age bias claim. Here’s why…
Image Credit: https://publicdomainvectors.org/en/free-clipart/Old-man-with-cane/46227.html There are plenty of buzzwords and phrases that, when uttered in the workplace, made provide good fodder for an age discrimination claim. For example, referring to someone as an ‘old timer’ can be direct evidence of age discrimination. Then, if an email were to surface in which…