Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of…
The Employer Handbook Blog
Your temporary workers can probably sue you for discrimination
Last week, the Third Circuit Court of Appeals daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination. In a word, yes. Well, actually, ***…
Hocus Pocus: PA Supremes eliminate magic language for creating non-compete loopholes
On Wednesday, the Pennsylvania Supreme Court made a lot of — some would say, creative — lawyers unhappy. In a 4-1 decision, the Court held Wednesday that the language “intending to be legally bound” found in Pennsylvania’s Uniform Written Obligations Act will not save an otherwise unenforceable non-competition agreement. You can…
Denying an employee’s attempt to rescind her resignation may be…retaliation?!?!
I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah… Ok, not exactly. According to the Fifth Circuit Court of Appeals in Porter v. Houma Terrebonne Housing Authority (opinion here), it went more like this: Tyrikia Porter worked for the Houma Terrebonne Housing…
It’s another “when a hostile work environment isn’t a hostile work environment” post
Second verse, same as the first. (But read it anyway to pad my blog stats, would ya?) All of us have heard the words “hostile work environment” bandied about to the point where the most minor slight in the office can supposedly create a hostile work environment. Well, as a…
The DOL may be slowing its roll on the new OT rules. But, you should act now.
Yesterday, I snuck this little doozie onto The Employer Handbook Facebook Fan Page. A delay in the new DOL OT rules? Lauren Weber of the Wall Street Journal also reported here that Solicitor of Labor, Patricia Smith, told an audience at the American Bar Association Labor and Employment Law Conference in Philadelphia…
As a social-media-nerd employment lawyer, this one has me shakin’ my head.
In Pennsylvania, the Rules of Professional Conduct require that an attorney must stay abreast of changes in changes in the law, including the benefits of advances in technology. LinkedIn was founded over 10 years ago. If you’re reading this and you are not familiar with LinkedIn … I mean, geez. For…
Four ways to prevent systemic discrimination in your workplace, before an EEOC charge.
Oh, hi there. Uh, this? It’s not a comic book. It’s a GRAPHIC NOVEL, folks! And, yes, I need to highlight my favorite passages in this library book. It’s how Sartre did it. Quit judging me, would ya? Nothing more to see here. Read on. A week or so ago, Robin…
A federal judge in Alabama holds that Title VII covers sexual-orientation discrimination
Who would have guessed that, in a state without a state administrative agency to accept discrimination charges, where only age discrimination is against state law, a federal judge would rule that sexual orientation is considered sex discrimination and, therefore, a violation of Title VII. A groundbreaking decision. Yes, late last month, Judge Myron…
Sir, yes, sir! Quoting “Full Metal Jacket” may create a hostile work environment
https://www.flickr.com/photos/28385889@N07/4065494694 That’s why I stick with Finding Nemo at work. I also find myself eating lunch alone and getting plenty of odd looks from the staff. Well, that and my mohawk. But, at least I’m not at risk of creating a hostile work environment. Well, well, Private Joker, I don’t…