Want an explanation of yesterday Supreme Court decision regarding challenges to California’s ban on same-sex marriage and the federal Defense of Marriage Act, check out Amy Howe’s analysis “In Plain English” at SCOTUSblog.com. And for more on yesterday’s decision and the impact it may have on your business, check out:…
The Employer Handbook Blog
Employee teased with small penis jokes has a viable sexual harassment claim
[Whichever one of you had the voodoo doll positioned in such a way that wouldn’t allow me to pun this lede, I’m gonna git you sucka!] In Hayes v. Erickson Air-Crane, Co. (opinion here), a male plaintiff was constantly barraged with small penis nicknames from his male co-workers ranging from…
Supreme Court delivers two — count ’em TWO — wins for employers
This week, I am on vacation. The Supreme Court didn’t get my memo. Fine. But, I’m not putting down my beer to write this post. So, you get a one-handed rundown of the two employment-law decisions the court issued yesterday. Pardon my typos after the jump… * * * A…
When a hostile work environment isn’t a hostile work environment
Every so often, I get a call from an employee. The call goes something like this: “I need an employment lawyer. Are you an employment lawyer?” “Yes.” “Good. Because I am dealing with a hostile work environment.” “Well, I generally only represent employers. So—” “— But, my hostile work environment…
Yo 11: Nevada now has a social media workplace privacy law too
Who would’ve guessed that, in June 2013, we’d have 11 states with social media privacy laws. I mean what are the odds? That’d be like Kanye West and Kim Kardashian deciding to name their baby daughter ‘North West’. Now, if you’ll excuse me, I need to check why my Twitter…
Paula Deen didn’t exactly deny those allegations of race discrimination
DISCLAIMER: Since I’m getting the fodder for my post from RadarOnline (via the National Enquirer), consider the sources, and remember that what you are about to read are allegations. Plus, Ms. Deen’s team subsequently told Entertainment Tonight that Ms. Deen does not condone or find the use of racial epithets…
28 ways to avoid breaking the law when hiring summer interns
It’s that time of year. You’re hiring summer interns and I’m shaving a spoked B into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage & hour mess. See what I just did there? Oh, you saw…
The ADA way to require psych counseling for an employee
The Americans with Disabilities Act (ADA) limits when an employer can require an employee to take a medical examination. Specifically, the ADA forbids employers from requiring medical exams (and cannot otherwise inquire into the nature or severity of a disability) unless the exam or inquiry is shown to be “job-related…
Grab-ass in the workplace may be sexual harassment, you guys
Biting the staff doesn’t help either; even if it doesn’t leave a mark. You see, I couldn’t make this stuff up if I tried.
Can height be a disability under the Americans with Disabilities Act?
Barbara Joy McElmurry worked for the Arizona Department of Agriculture. In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work position in which she would not be able to drive vehicles because she was too short (4’10”). So, McElmurry asserted a…