Image Credit: Pixabay.com (https://pixabay.com/en/wave-water-sea-tsunami-giant-wave-11061/) And here you thought you were so smart by getting all of your employees to agree to class-action waivers and binding arbitration of all employment-related claims. Maybe not so much. Death by a thousand paper cuts. Yesterday, I read this article from Jon Steingart at Bloomberg Law’s…
On the day before Halloween, a Pennsylvania federal court (here) denied an employer’s attempt to have a religious-accommodation case dismissed early. This isn’t your run of the mill religious-accommodation case. “The Book of Revelation prohibits the mark of the devil” The plaintiff, a school bus driver, alleges that she was…
Suppose that your former employee files a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. After an investigation, the EEOC concludes that there is probable cause that your company violated one or more of the federal anti-discrimination laws that the agency is tasked with enforcing. So, your employee…
Tomorrow is Halloween. Slacking this year, my family made our last-minute trip to the farm on Saturday for pumpkins. The kids held it together for the most part, except when it was every boy and girl for himself/herself in the “cornbox.” Fortunately, there were plenty of cider donuts available to…
My turn-ons include fantasy football and this ugly holiday sweater, which I cannot wait to debut this season. I also dig smart legal writing. Although, one could never discern that by perusing my dumpster fire of a law blog. To start to fix that, today, I’m going to quote liberally from a…
You’ve heard the expression “loose lips sink ships.” Well, the opposite holds true when an employee complains to a supervisor about workplace discrimination. You’ll see what I mean when we go back to yesterday’s post. That’s the one about the “unofficial” office happy hour that officially landed the employer in…
Ten of your employees, including two supervisors, plan and attend an “unofficial” happy hour after work at a local bar. It’s unofficial because the company does not sponsor it, none of the employees are paid for their time, and no business is discussed. Now, let’s assume that this hour is…
How?!?!?!?!? In McKinney v. G4S Government Solutions, Inc. (opinion here), an African-American employee claimed that his employer fostered a racially hostile work environment. Among other things, the plaintiff alleged that: a co-worker used the n-word in his presence; a fire chief told the plaintiff that the company had hired a “colored…
No, it won’t violate the Americans with Disabilities Act. One of your employees is displaying erratic behavior at work. While you’re no medical expert, you feel as if the employee may become a threat to herself or others, if she isn’t already. So you place the employee on leave and require…
Even Kramerica Industries knows better than that. This company did WHAT?!? One California employer, not so much apparently. That is, in September 2016, the U.S. Equal Employment Opportunity Commission filed this complaint in CA federal court against a local orchid grower. And that complaint contains some allegations that’ll make your head spin.…