We’ve talked a fair amount about sexual stereotyping at the ole Handbook. Here I discussed the cluster created by offering crap assignments to a male employee because he fails to conform to a male stereotype. And of course, we have my “Ravishing Rick Rude” theory of same-sex harassment, which a federal…
Generally, a typical sexual harassment claim involves a supervisor or manager or co-worker making unwelcome sexual advances towards another employee. But what if, instead of the harasser being one of your employees, it’s an independent contractor. Does that absolve your company from liability? Is it a valid defense if one…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Try this one for size, folks. In this case, an employee argued that her former employer retaliated against her, by…
Two big EEOC pet peeves right now are: employers who discriminate in the hiring process; and employers who violate the Americans with Disabilities Act based on misconceived notions about how an individual’s health could impact that person’s ability to perform essential job functions. So, you’ve really got to be pushing…
Today we have a guest blogger at The Employer Handbook. It’s Kimberly Erskine. Ordinarily, when I’m offered a wage-and-hour guest blog post, I just yawn — much like you do with the FLSA posts I do myself. But, this one, written from employee’s perspective, is a worthwhile read for both…
Let this be a lesson to those who are thinking about selling “Wake The F*&k Up” Coffee, “The Hottest F*&king Nuts,” or “The Hottest F*&king Sauce.” Recently, I read this article from Clark Kauffman in the Des Moines Register about a cashier at the Last Chance Market in Iowa, who…
Recently, I gave a webinar about the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. One of the takeaways there was that, when an employee’s 12 weeks of FMLA leave expire, you need to be thinking about ADA implications rather than processing a pink…
As an employment lawyer, part of my practice involves training employees and supervisors on employee handbooks. Most often, my training focuses on respect in the workplace. During these sessions, I employ many techniques to discourage the workforce from engaging in behavior that could create a hostile work environment. Usually, I’ll…
Only the dorkiest of HR/Lawyers dorks could appreciate this webinar. Here is the recording. Here are the slides. Happy dork day! * * * Want to dork-out even further? If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by…
How many of you have social media policies, which contain a provision that reads something like this… “If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: ‘The postings on this site are my own and don’t necessarily represent…