Image by Darrin Kiessling from Pixabay “So, Meyer thinks his organized-labor blog posts go over like wet farts, does he? Fam, let’s announce one — no, TWO HUGE DECISIONS in one day, and we’ll see how he gets around writing about them. That blogger nerd!” — National Labor Relations Board…
Articles Posted in Discrimination and Unlawful Harassment
Big changes may be coming to the way your business makes religious accommodations for employees
Image by OpenClipart-Vectors from Pixabay On Friday, the National Labor Relations Board announced that it will revamp union-election rules to “better ensure the opportunity for litigation and resolution of unit scope and voter eligibility issues.” In other words, it’s a very employer-friendly move. You can read all about it here, here,…
ADA accommodations don’t require eliminating essential job functions, like coming to work punctually.
Image Credit: https://freesvg.org/1550658029 (Public Domain) Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may…
The most valuable employment law lesson you’ll receive today
Image Credit: Jack Kurzenknabe//embedr.flickr.com/assets/client-code.js I’m typing this blog post at 1:30 AM after returning home from Lincoln Financial Field where the Philadelphia Eagles defeated the New York Giants, as per usual. When you read this, remember that your employee handbook may prohibit you from creating a hostile work environment based…
Imagine if your trainees ended class with a celebratory Nazi salute
Image Credit: West Virginia Department of Military Affairs and Public Safety This is a photo from a West Virginia Department of Military Affairs and Public Safety basic training program. And the you-know-what has hit the fan! On Friday, the Department announced that everyone in the photo, captioned “Hail Byrd!”, had…
There’s retaliation, and then there’s locking the complainant in a walk-in freezer. (Allegedly)
Image Credit https://www.jbcharleston.jb.mil/News/Photos/igphoto/2000273522/ That’s cold. Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) announced here that it has settled a sexual harassment and retaliation lawsuit filed against a fast-food chain. The facts are indeed chilling. According to the EEOC’s suit, a 22-year-old male manager at the store was “forced to…
Can a demotion be a reasonable accommodation under the ADA?
Downturn Direction Banks Trend Down Symbol Arrow (Maxpixel.net: License to use Creative Commons Zero – CC0) In the context of an employment discrimination lawsuit, when I think about a demotion, I’m also thinking of retaliation. The plaintiff with a disability was also thinking the same thing in this recent federal court…
Folks, it’s never a joke when employees use the N-word at work. Make sure your managers know that.
Image Credit: PeakPX.com – License to use Creative Commons Zero – CC0 Every so often, I receive a Google Alert about some knucklehead who writes something inappropriate — usually a racial slur — on a restaurant receipt. Often, the knucklehead tries to explain her or his actions away as a…
2,650,000 more reasons to provide a chair to an employee with a disability who needs one
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…
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…