On Friday, a federal court in Georgia dismissed all of the remaining discrimination counts against Paula Deen and her brother, Bubba, after the parties reported to the court that the two sides had settled. The settlement terms are undisclosed. In a statement emailed to The Associated Press, Ms. Deen’s…
The Employer Handbook Blog
DOL offers the definitive word on FMLA and same-sex marriage. Kinda sorta.
Do you have 50 or more employees working with 75 miles of one another? If not, see ya Monday. But if you do, check out the United States Department of Labor’s revised “Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act.” In light of the…
Four easy ways to break the law by viewing an employee’s Facebook posts
There are 11 states with social media workplace privacy laws making it illegal for an employer to require that an employee or applicant fork over a social media login and password. But, if a company in the other 39 states assumes that it has the green light to engage…
Employment Law Blog Carnival: The Back-to-School Edition
Welcome everyone to the latest edition of the Employment Law Blog Carnival. What Target and Wal-Mart are to back-to-school shopping, this is your one-stop-shop for the hottest trends in employment law. Your original carnival hosts for this month, my good pal Ari Rosenstein and the great folks at CPEhr.com asked…
New PA bill would ban sexual orientation, gender identity discrimination
Twenty-one states and the District of Columbia have laws banning workplace discrimination in the private sector on the basis of sexual orientation. The Commonwealth of Pennsylvania, which currently bans discrimination based on sexual orientation and gender identity or expression in public employment, may soon become the latest state to ban…
Breaking Bad: The Lost Episode (the one about Jesse’s ADA lawsuit)
A few years back, I sent in a Breaking Bad script to Vince Gilligan. At the time, I was concerned that the show was becoming too one-dimensional. High school teacher becomes meth kingpin. Yeah, I guess that could make for some good television — if you like taut, well-written, well-acted…
What could possibly go wrong with a sham workplace investigation?
Well, if it means that the employee diagnosed with anxiety and depression — the one who requested a reasonable accommodation to perform her job — gets fired. Well, then, a lot. That’s basically what happened in this recent federal court case out of Kentucky. You see, normally, a court won’t…
When it comes to ADA accommodations, reasonable is good enough
Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that doing so how cause it undue hardship. Generally, an employee will initiate the process by advising her employer that she is disabled…
A woman sharing topless photos at work prolly isn’t an invitation to grope her
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Paula Deen beats the race-discrimination claims that crushed her
Somewhere, I picture the folks at Merriam Webster franticly revising the definition of “Pyrrhic” to cross-reference a stick of butter Paula Deen. Yesterday at The Employer Handbook, I discussed the EEOC losing a major battle in its war against background checks. Today, it’s all about winning the battle, but losing…