We’re talking full frontal here. And oddly, it took a federal appellate to figure this out. That is, a female plaintiff alleged that her male co-worker pulled out his penis three times (once to her and her co-worker, and two other times at work to other female co-workers…
The Employer Handbook Blog
ADA accommodations for deaf employees in safety-sensitive positions
One of my all-time favorite ADA cases — God, am I a dork — is Keith v. County of Oakland, which I previously blogged about here. It involves a deaf lifeguard who applies for a position at a public pool and what, accommodations, if any are reasonable to allow him…
She was fired for refusing to pray with a client. Why did this employee LOSE her religious bias lawsuit?
Do you want the answer from me? Oh, this is awkward. I was literally asking you. But, ok, fine. I think that I can help. Friday’s post addressed a situation in which honoring a customer’s preference for a white delivery-person over a black delivery-person cost a box-store manager his job and…
The customer isn’t always right — especially, if she’s a total racist
It’s very well settled law that accommodating a customer’s preference to be serviced by employees of a particular race is, well, racist. A few weeks ago, this situation arose with a Lowe’s store in Virginia. A CBS affiliate reported (here) that a white Lowe’s customer refused to accept a delivery…
SHRM hosted a Twitter chat on tricky ADA/FMLA issues. Guess who’s got the full recap?
The SHRM blog does, silly. But, I can link to the preview (here) and the recap (here). Definitely check those out. Allen Smith, Manager of workplace law content at SHRM, and a host of others did a great job fielding questions about the ADA and FMLA issues that keep HR professionals up…
112,500 ADA reasons not to force an employee to stay home until 100% healed
You might as well paint a huge bulls-eye on your business and open up your checkbook. This EEOC press release, announcing an Americans with Disabilities Act settlement with a senior living facility explains why: Brookdale Senior Living Communities, Inc. of Denver will pay $112,500 and furnish other relief to settle…
The outdoor worker who couldn’t work in the sun lost his ADA claim
Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea. The lede, up to the word “sun.” Yesterday, I read this federal court opinion about an employee who was hired to work outdoors during the day. Unfortunately, during the employee’s…
HELP WANTED: Seeking Senior VP of Sales, ideally 45-52 years old. Wait, WHAT?!?
I was going to blame the tardiness of today’s post on technical difficulties. Except, the only thing that was technically difficult about it was trying to muster the energy to blog last night after spending four hours in the sun with my 6-year-old at the Eagles first preseason game. I’m happy…
There’s fudging credentials, and then there are these fifteen resume doozies.
CareerBuilder has released the 2015 edition of its “Biggest Resume Blunders” Survey. You know, about that seventh bullet. I was positive that I’d changed my email address before submitting that resume to NASA. Oh well. Their loss. Here’s the full list: Applicant claimed to be a former CEO of the company…
A suspension with pay is not discrimination, you guys.
[Editor’s Note: The employer in this post is a client; although, I did not represent this client in this case]. Yesterday, in Jones v. Southeastern Pennsylvania Transportation Authority, for the first time ever, the Third Circuit Court of Appeals recognized that a suspension with pay is not an “adverse employment action” under the…