We’re talkin’ softball. Continue reading
Many years ago, a man called me asking if I would represent him in a discrimination action against a company.
Now, you know me. I’m a management-side lawyer. I write a blog called The Employer Handbook. But, then he mentioned that someone had hung a hangman’s noose at his job site. He had pictures.
And he had my full attention. Continue reading
Let’s imagine that one of your female co-workers gets promoted. Shortly afterward, some of your male co-workers spread false rumors about how their recently-promoted colleague must have slept her way to the top.
Do you think that: (a) these rumors are gender-based, or (b) based upon false allegations of conduct?
The former could be the lynchpin to a viable sex-based hostile work environment claim. If it’s the latter, i.e., the rumors could have just as quickly been spread about a man, then the hostile work environment claim gets dismissed. Continue reading
That is, if a manager or supervisor is mean to everyone, then it is unlikely that he or she has singled out a particular person based on that individual’s race, religion, national origin, etc.
It’s called the “equal opportunity jerk” defense. Continue reading
The EEO-1 is the federally-mandated survey of company employment data categorized by race/ethnicity, gender and job category Companies with 100 or more employees must file it each year. Certain federal contractors with 50 or more employees must file the EEO-1 too.
Now, some of you may be thinking,
“Wait, what?” “Eric, did the recent government shutdown impact when our company needs to file the EEO-1?”
Indeed it did. Continue reading
It’s that time of year again.
Coworkers have begun bombarding you with requests to purchase Girl Scout Cookies. So, in that spirit, let’s tackle:
- Whether unions will start organizing your workplace if you relax your no-solicitation policy to allow employees to sell Girl Scout Cookies;
- Can employees use your email system to proselytize if co-workers use it to sell Girl Scout Cookies; and
- A bonus discrimination case involving the sale of Girl Scout Cookies gone terribly wrong.