Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…
Articles Posted in Retaliation
Can you smack your sexual harasser, complain, and still claim retaliation?
Not exactly a happy workplace trinity, but it’s what fuels The Employer Handbook. That and Jolt-Cola Bombs. The plaintiff in this case claimed that she was sexually harassed by her male supervisor for over a year. The court’s opinion details alleged comments and groping in vivid detail. (No recap here. I plan to keep my…
Apparently, in Texas, your managers are allowed one free “Heil Hitler.”
“I see your ‘two free slurs’ rule, Fourth Circuit Court of Appeals, and I raise you one shout out to the Third Reich, alright Hoss?” Ok, you got me. The Fifth Circuit, which covers Louisiana, Mississippi, and Texas, didn’t actually use those words, exactly. But, what the Court did say…
Consider requiring your new independent contractors to release employment claims
What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…
FACT OR FICTION: To protect a pregnant employee, a company can make her stay home.
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Oh, if I had a nickel for every time I got this question from an employer, “Hey Eric. We have…
I was right. This appellate court employment-law decision was one of the worst of 2014.
About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position). Now, if you read the comments on my post, you’ll see…
It’s prolly not retaliation when you fire an employee who masturbates in your parking lot
Or, at least, when you honestly believe that one of your employees is masturbating in the parking lot. (Unless, of course, you’re like by buddy Fred, who operates Parking Lot Self-Gratification, LLC). Let’s just pretend that parenthetical remained in my head, ok? After the jump, it’s a lesson on the…
Train your supervisors not to shoot at those who complain about discrimination
Just another HR Pro Tip from your old buddy, Meyer. Hey, what would you guys do without me? Sage advice for American businesses coming up after the jump… * * * Under the law, it’s unlawful to take adverse action against an employee who complains about discrimination in the workplace.…
EEOC’s attack on garden-variety severance agreements suffers a potentially MAJOR setback
Earlier this year, the EEOC filed a federal lawsuit against CVS in which it claimed that drugstore chain “conditioned the receipt of severance benefits for certain employees on an overly broad severance agreement set forth in five pages of small print.” Specifically, the EEOC took issue with several common provisions…
Final Score: HIPAA 1 – Retaliation 0
See how a federal appellate court shut out a plaintiff’s claims of retaliation after she was fired for forwarding confidential documents to herself, purportedly to preserve evidence for an age-discrimination lawsuit filed by a former coworker. What I did there, you see that? After the jump… * * * In…