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The Employer Handbook Blog

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There’s a new joint-employer rule. Wait, another one?!? Yes, this one involves employers and labor unions.

Yesterday, the National Labor Relations Board swung the pendulum even further in favor of unions when it issued its Final Rule on joint employment. In a press release, the Board described the new standard like this: An entity may be considered a joint employer of a group of employees if…

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Complaints of discrimination can come in all shapes and sizes

A tenured professor in a university’s history department learns of “discrimination” and “marginalization” of Hispanic employees within the department. The university appoints him to an “Equity Committee” to address the problem. As part of his remediation efforts, the professor creates a “salary report” confirming instances of pay disparity among minority…

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Why was talk of confederate flags and cursing the President not “extreme” enough to be a hostile work environment?

How some of her coworkers spoke at work deeply offended a hospital nurse. One of them said that “Michelle Obama looks like a monkey” and the “President is a piece of s**t.” Another said President Obama was “stupid,” was the “worst president ever,” and “needs to go back to Africa.”…

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I’ll give you a million reasons not to ask employees and applicants about family medical history

The Genetic Information Nondiscrimination Act (GINA) forbids discrimination against employees or applicants because of genetic information. Specifically, Title II of GINA prohibits using genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. While GINA has been…

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On Instagram, an ER doctor said Israelis got “a taste of their own medicine.” CORRECTION: Former ER doctor.

A doctor whose job is to administer potentially life-saving medicine to patients, among them Jews, was reportedly fired after celebrating the massacre of Israelis by the Islamist terror group Hamas. Here’s more from the NY Post: An emergency room physician …shared a video of the heinous Oct. 7 attack on her…

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It’s not often an employee has direct evidence of discrimination. But I found one that did.

A white man working as the general manager of a hotel claimed that his white supervisor engaged in racial discrimination when she terminated his employment. Initially, I was skeptical. But not anymore. Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to terminate an employee…

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What rights do former employees have under the ADA? Well, it depends.

***ducks tomato*** I’ll give you an example. Let’s say a firefighter develops Parkinson’s Disease. Eventually, her disease leaves her incapable of performing the essential functions of her job, and she takes disability retirement at age 48. The employer has a policy allowing former employees, like the employee here, to receive…

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Did you know that a bird — a macaw, specifically — can create a hostile work environment?

Last year, the U.S. Equal Employment Opportunity Commission sued a long-term care facility claiming that certain White patients/residents repeatedly directed offensive racial slurs at black nurses and nurse assistants, including “n—-r,” “coon,” “monkey,” and “Black b—–s.” One patient repeatedly told Black employees to “go back to Africa,” followed Black employees…

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Should this employer have been able to predict future sexual harassment?

On August 16, 2019, an employee reported for the first time that a supervisor had made sexual comments to her that made her feel uncomfortable. The next day, management met with the alleged harasser about the allegations, and he resigned. Problem solved, right? Not exactly. The employee, who would later…