The U.S. Equal Employment Opportunity Commission (EEOC) is providing strategies for employers to expand employment opportunities for workers with unemployment gaps. And there’s also a double-secret EEO-1 Component 1 Report filing extension. Employing the unemployed Last week, the EEOC and the U.S. Department of Labor’s Office of Federal Contract Compliance…
The Employer Handbook Blog
Company pays EEOC $79,000 rather than provide a pair of gloves to an employee with a skin rash
That reads a little bit like a headline from The Onion. But according to this press release from the U.S. Equal Employment Opportunity Commission, a company will pay $79,000 and provide other relief to settle a federal disability discrimination lawsuit in which the EEOC charged that the company violated the…
Can an employee legally be fired for using over-the-counter CBD products?
Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed. So, let’s talk about how and why. According to the plaintiff’s complaint, she had a disability for which she used an over-the-counter CBD…
The case of the $250,000 thumb drive porno and hacking (allegedly)
A former bank employee is now facing up to $250,000 in fines and ten years in prison because he allegedly wanted to watch The Matrix on a work laptop. Actually, there’s a little more to this story. Shout out to Google, which alerted me to Nate Gartrell’s article at The Mercury…
When do N-words and sex jokes NOT create a hostile work environment?
Hopefully, this question doesn’t have you clutching your pearls. I assume that your business has both an anti-harassment policy and regular training. But some of your employees are jerks. Some use foul language, make rude comments, and even cross the line into behavior that may foster a hostile work environment,…
Two different termination letters lead to one discrimination lawsuit and zero luck for the plaintiff
The general rule in employment law is that an employer’s inconsistencies and contradictions breathe life into discrimination claims. But there are some exceptions. Proving pretext. For example, last night, I read this federal court decision involving an employee fired shortly after complaining to HR about an offensive comment from a…
New Zamboni turns in Old Zamboni driver for peeing in a drain. Old Zamboni driver gets fired and sues for discrimination.
I can’t make this stuff up. The former Zamboni driver for a professional hockey team claims that the team unlawfully fired him based on his age (68) and disability (benign prostatic hypertrophy, which causes a frequent and uncontrollable need to urinate). Unfortunately for the plaintiff, a rather startling admission may…
Jerk customers can create hostile work environments for your workers too
As I sit here on vacation cleaning out some of the older cases from my Google Drive, I came across this Fifth Circuit decision about which I meant to blog a while ago. It’s about a baccarat dealer who had to deal with a customer making sexually charged gestures, remarks…
Five days after the CDC reaffirmed its mask order for air travel, a federal judge nixed it nationwide
On April 15, the Centers for Disease Control and Prevention (CDC) announced that its Mask Order (requiring face masks on planes into and within the United States) would continue to allow the CDC time to assess the potential impact of the rise of COVID-19 cases. Yesterday, however, a Florida federal…
176,193 reasons to be careful when trying to limit employee overtime
Last week, I read this press release from the U.S. Department of Labor’s Wage and Hour Division announcing a six-figure recovery from an employer that “illegally placed a cap on overtime at 16 hours per pay period and paid any overtime beyond 16 hours at straight time rates, a violation…