They can’t all begin with a priest, minister and a rabbi walking into a bar. Then again, it’s “Religious Accommodation Tuesday” here at The Employer Handbook. So, after the jump, we’ll discuss the test to determine whether an employee may lawfully don religious items at work and find out whether the…
The Employer Handbook Blog
HR Manager emails bolster employee’s ADEA and FMLA claims
Documentation is good; smoking-gun emails from the HR Manager not so much. After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims. * * * In Phillips v. StellarOne Bank (opinion…
Big changes coming to the Mine Safety and Health Act?
Yesterday, Sen. Jay Rockefeller (D-W.Va.) reintroduced, for a third time, the “Robert C. Byrd Mine and Workplace Safety and Health Act,” which would amend the Mine Safety and Health Act. What does this bill say (CliffsNotes version)? And what are the chances of passage? Find out after the jump… *…
Egyptian-born FBI agent + post-9/11 transfer = discrimination claim
I am an F….B…..I…. Agent! And if anyone wants to get me this iPad case for Christmas… Wait, what was I supposed to be writing about? Oh yeah, national-origin discrimination. I’ll get it together for you after the jump… * * * Bassem Youssef, an Egyptian-born American citizen, claimed that…
Fact or Fiction: The ADA requires creating a new job for a disabled employee
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.” Under the Americans with Disabilities Act, an employer is required to provide a reasonable accommodation, if doing so will allow…
Recipient of nasty racial slurs from an office friend loses bias claim
What if I told you that a female black employee was called “monkey” and “nappy head Raggedy Ann” at work? What if I then told you that the employee subsequently sued in New Jersey state court; quite possibly the most plaintiff-friendly jurisdiction in the U.S. — next to California? And…
The EEOC’s subpoena power is crazazy broad. Wooo!!!
On behalf of an illiterate man, the United States Equal Employment Opportunity Commission (EEOC) investigated a Charge of Discrimination against a MD employer, which allegedly had a literacy policy that violated the Americans with Disabilities Act (by discriminating against qualified individuals with learning disabilities). As part of its investigation, the…
Booby trapped! No break time for nursing employee; no lawsuit either.
HEY! Which one of you just threw that breast pump at my head? [annnnnnnd cue music] ** Dons sensitivity invisibility cloak ** Nearly two years ago, I wrote here about how the The Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (FLSA) to require companies to…
It’s the July Edition of the Employment Law Blog Carnival!
The July edition of the Employment Law Blog Carnival is now up and running. You can view it here. Thank you to all who contributed. And a special thank you to Heather Bussing and HRExaminer.com for hosting. If you would like to participate in future carnivals, email me and I…
To minimize FMLA lawsuits, hire slow and fire fast (before the FMLA request)
In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit. Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial. What did this employer do…