Image Credit: Pixabay.com (https://pixabay.com/en/truck-transportation-vehicle-158539/) For the last year and change, Jon Hyman, who blogs at the excellent Ohio Employer Law Blog, has run a series of posts identifying employers accused of egregious workplace violations. Stuff so bad that it would have your employment practices liability insurance carrier hyperventilating into a 50-gallon…
Colleagues Job Offer Job Workplace Job Search (Image Credit: Maxpixel.net https://www.maxpixel.net/Colleagues-Job-Offer-Job-Workplace-Job-Search-2860035 License use Creative Commons Zero – CC0) Ayo, the U.S. Equal Employment Opportunity Commission just released a report on “The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA).” According…
Image Credit: Pixabay.com (https://pixabay.com/en/angel-church-religion-edward-312462/) Just ask a midwest employer that had its motion for summary judgment denied and now may have to defend a hostile work environment claim before a federal jury. In that case, the plaintiff and his supervisor often clashed over the plaintiff’s religious views. Among other things: The…
Image Credit: Pixabay.com (https://pixabay.com/en/packs-pile-money-finance-currency-163497/) You know that expression about putting your money where your mouth is? While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. On Friday, we discussed essential job functions under the Americans with Disabilities Act. Specifically, we…
By flydime – https://www.flickr.com/photos/flydime/4671890969/, CC BY-SA 2.0, Link Remember that as I share with you a recent Tenth Circuit opinion dealing with essential job functions under the Americans with Disabilities Act. Here are the undisputed facts: The plaintiff-employee worked for the defendant-employer first as a shopping-cart attendant, then as a…
Image Credit: Pexels.com (https://www.pexels.com/photo/parking-parking-lot-underground-garage-2996/) A probation officer in Chicago sued her employer for discrimination and retaliation. At trial, she won her retaliation claim. While the case was on appeal, the plaintiff claimed that her boss threatened to hit her in the parking lot and, in a separate incident, coordinated with another co-worker…
Image Credit: Pixabay.com (https://pixabay.com/en/stamp-characters-label-informant-143799/) Until a few years ago, if an employer wanted to pursue a claim for misappropriation of trade secrets, it probably had to do so in state court under state law. The Defend Trade Secrets Act of 2016 changed all that. The DTSA is a federal law that created a…
Image Credit: Pixabay.com (https://pixabay.com/en/social-social-networks-1206612/) I use the term “professional” loosely. That is to say, not at all. “Roseanne Barr, hold my drink,” is what I picture a former Human Resources Supervisor for a Fortune 50 company saying to herself before she allegedly went all racist in a recent Facebook post…
Image Credit: Pixabay.com (https://pixabay.com/en/update-upgrade-renew-improve-1672346/) If you’re new to the field, you’ll have to take our word on it. But, HR-compliance professionals know that drafting an employee handbook that is 100% compliant got a lot tougher over the past several years. Let’s forget about paid-sick-leave laws, ban-the-box, and other state/local law matters.…
Image Credit: Pixabay.com (https://pixabay.com/en/eyes-surprise-wow-expression-open-312093/) Yesterday morning, I read my friend Jon Hyman’s post on LinkedIn about a lawsuit in which a person of color alleged that various supervisors and managers: Frequently called him the “n-word”; Told him to “reach his black hands out” while handing him a box; and Offered him a…