In a decision issued last week (here), the National Labor Relations Board ruled that “the filing of an employment-related class or collective action by an individual employee is an attempt to initiate, to induce, or to prepare for group action and is therefore conduct protected by Section 7 [of the National Labor Relations Act].”…
Last year, I channelled Bill Clinton in this blog post about how courts rarely recognize a single incident or two as creating what the law deems a hostile work environment. Yeah, about that. Even a few isolated comments can create a hostile work environment. In Boyer-Liberto v. Fontainebleu Corp. (opinion here), the full panel…
Folks, let me give you a little free Friday HR pro tip: If a female employee complains to a female manager that another male manager is sexually harassing her, it’s not ok to for the female manager to respond thusly, “He’s a guy and you work with guys. Ignore it and…
When I think about retaliation, I think about that time I plastic-wrapped the judicial toilets after losing a motion to compel an employee who gets fired after complaining about discrimination to an HR Manager or the EEOC. These actions epitomize the “opposition” and the “participation” clauses of Title VII of the…
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…
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…
“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…
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,…
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…
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…