Late last week, Rachel Dolezal, the President of the Spokane Chapter of the NAACP and a leader in the black community, was outed by her parents as being white. The controversy caught a lot of people by surprise, most notably, the Spokane Chapter. Amidst a flurry of activity over the weekend — just…
The Employer Handbook Blog
So, who wants to connect at the SHRM 2015 Annual Conference? #shrm15
Go ahead and grab your bucket lists. I’ll wait… Meet an employment-law blogger IRL. That’s gotta be page one, above the fold, amirite? Well, if you’re gonna be in Vegas later this month for the SHRM 2015 Annual Conference, and you’re ready to make all of your dreams come true —…
Take me to church — to reasonably accommodate my disability
[cue music] Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps to lower both the stress and anxiety and significantly reduce her…
Company ordered to re-hire an employee after his “racist, offensive, and reprehensible” speech.
An employee was caught on video saying to black employees, “Hey, did you bring enough KFC for everyone?” and “Hey, anybody smell that? I smell fried chicken and watermelon.” The company had a strict anti-harassment policy. So, after learning about the comments, the company fired the employee. So, what would…
Your employee has a fragrance allergy. What does the ADA require you to do?
This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc. (opinion here), the plaintiff suffered from heightened sensitivity to perfumes, fragrant chemicals, and lotions. After she told her employer, the company attempted a number of accommodations: Purchased a portable air cleaner for use…
Coming this Summer, FLSA independent-contractor guidance from the DOL
In March 2014, President Obama announced (here) that he would seek to revamp the Fair Labor Standards Act as it applies to overtime, “particularly for executive, administrative, and professional employees (often referred to as ‘white collar’ exemptions).” You can also read my post about the President’s announcement here. And yet, here…
D’s and R’s (some of ’em, at least) agree: It’s time for a federal pregnancy-accommodation law
Yesterday, on the heels of the Supreme Court’s decision in Young v. UPS, Senator Bob Casey (D-PA), brought the Pregnant Workers Fairness Act back to the Senate. The Act, which is modeled after the Americans with Disabilities Act, makes it an unlawful employment practice for employers to: fail to make reasonable accommodations…
New Senate bill would abolish non-competes for low-wage workers
Jimmy John’s aside, is that really a thing? The use of non-compete agreements for employees making less than $15 an hour? The Mobility and Opportunity for Vulnerable Employees (MOVE) Act Well, according to a press release from Senator Chris Murphy (D-CT), “research” shows that somewhere between 8-15% of low-wage workers have…
From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers
Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog…
As the Supreme Court toughens religious-accommodation rules, 5 ways employers can avoid trouble.
Yesterday, the United States Supreme Court, in an 8-1 decision, ruled that an employer that does not know that a job applicant may need a religious accommodation can discriminate against that job applicant. All that matters are the employer’s motivations. Allow me to explain. It’s not what you know; it’s what motivates…