Discrimination and Unlawful Harassment

In his first month on the job, the new Mets GM completed two blockbuster trades. And yesterday, it seems he got fired for sexting.

January 20, 2021 | by Eric B. Meyer

By Richiek – Own work CC BY-SA 3.0, Link

On December 13, 2020, the New York Mets announced that the club had named Jared Porter the team’s 14th General Manager in franchise history. Porter agreed to a four-year contract. In just over a month since then, the team had made some blockbuster trades for stars like Francisco Lindor, Carlos Carasco, and Joey Lucchesi. Things were looking up for the Mets.

However, yesterday, the same day that the team announced the Lucchesi trade, new majority team owner Steve Cohen tweeted that the team had fired Mr. Porter. What the heck happened?!?

FACT OR FICTION: Complying with ADEA disclosure requirements for a layoff means listing foreign non-U.S. workers too

January 19, 2021 | by Eric B. Meyer

Image Credit: Photofunia

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.” Continue reading

A federal court just greenlit the failure-to-accommodate claim of a medical marijuana user. But why?!?

January 14, 2021 | by Eric B. Meyer

Image by Tumisu from Pixabay

Oh, I was just asking. I thought you knew. Continue reading

Before your business rewards employees for getting the COVID-19 vaccine, read this. (It may save you a lawsuit.)

January 11, 2021 | by Eric B. Meyer

Image by Shafin Al Asad Protic from Pixabay

According to a recent SHRM survey, most companies will encourage employees to get the COVID-19 vaccine — but not require it. Many employers, like this one, may even incentivize employees to get the vaccine by offering them money or extra PTO days to get the needle.

But, if you’re thinking about doing something similar, slow your roll. According to the U.S. Equal Employment Opportunity Commission (EEOC), you may end up unwittingly violating the Americans with Disabilities Act (ADA). Continue reading

Brand new DOL guidance and the rest of what’s on tap for today’s “Zoom Office Hour” at Noon EST

December 30, 2020 | by Eric B. Meyer

JMacPherson from Calgary, Canada, CC BY 2.0, via Wikimedia Commons

I won’t judge you if you don’t judge me. 🤐 Continue reading

The nerds, err, readers have spoken! I’ll see you on Zoom on Wednesday (12/30) at Noon Eastern.

December 29, 2020 | by Eric B. Meyer

working hours by ProSymbols from the Noun Project

Yesterday, I put out some feelers — Title VII friendly ones — to gauge interest in hosting “The Employer Handbook Office Hours” on Zoom tomorrow. And I was overwhelmed by the reader emails, fresh-baked cookies, and cryptocurrency. So, we’re on for tomorrow at Noon EST. Continue reading

Pink slips for seven plant managers who ran bets on how many employees would get COVID-19

December 18, 2020 | by Eric B. Meyer

Image by Aidan Howe from Pixabay

So, did you vote in Jon Hyman’s Worst Employers of 2020 poll?

I would have voted for the company accused of having plant managers that organized a cash buy-in, winner-take-all betting pool for supervisors and managers to wager how many employees would test positive for COVID-19. Continue reading

“Let’s upstage The Employer Handbook by releasing our vaccine guidance” — EEOC, possibly

December 17, 2020 | by Eric B. Meyer

Image by OpenClipart-Vectors from Pixabay

Approximately 6 hours and 37 minutes after my blog post yesterday about “Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program” went live, I received an email from the U.S. Equal Employment Opportunity Commission.

It read something like this: Continue reading

Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program

December 16, 2020 | by Eric B. Meyer

Image by Shafin Al Asad Protic from Pixabay

I was in The Zone yesterday. Continue reading

The ADA does not require accommodating medical marijuana use. But, what about synthetic THC?

December 14, 2020 | by Eric B. Meyer

Image by Erin Stone from Pixabay

The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.

In the history of ADA, I don’t know of any court that has concluded that an employer must accommodate an employee’s use of medical marijuana. That’s because, federally, marijuana is still an illegal drug. (It’s on the Schedule One list). But, what about accommodating someone who uses medically-prescribed synthetic marijuana to treat the symptoms of an underlying disability? Continue reading