The Employer Handbook

Articles Posted in Discrimination and Unlawful Harassment

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Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/)

On October 15, 2017, actress Alyssa Milano urged socal media user to share their stories of sexual harassment using the hashtag #MeToo.

Maybe you’ve heard of it.

Of course, you have. As have the millions of others who have used the hashtag since.

This post goes inside numbers to detail the proliferation of the #MeToo movement social media.
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Image Credit (Photo by: | VIRIN: 131224-F-IM476-001.JPG)

I’m sorry, dudes.

I totally meant to give you a blog post yesterday. I did.

But, the night before, which is when I generally compose this drivel, I got distracted. I was preoccupied with a certain MLB playoff game. Specifically, it was the one in which my Red Sox disposed of the Yankees, in Yankee Stadium, much to the chagrin of all of these losers.

I’m not a hater, I just blog a lot. Except on days after big Red Sox wins. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/audit-investigation-searching-3608131/)

One of your employees just complained to human resources that a co-worker sexually harassed her. As a responsible employer, you decide not only to investigate the complaint but to engage outside counsel to lead the investigation. Outside counsel investigates. When the investigation ends, outside counsel creates an investigative report.

If the lawsuit follows, must the company share that report with the plaintiff? Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/truck-18-wheeler-freight-shipping-309398/)

If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard.

(If you haven’t and want a copy of my presentation, well, all you have to do is ask.)

In Keith v. County of Oakland, a deaf individual applied for a lifeguard position at Oakland County’s wave pool, only to be turned away.  Allegedly, Oakland County stereotyped Mr. Keith and failed to adequately engage in an interactive process to determine whether, notwithstanding his inability to hear, Mr. Keith could perform the essential functions of the job with or without an accommodation. Continue reading

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Broadway (Nashville) lights

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia Commons

I was going to begin this post by telling you more about my weekend trip to Nashville. But since I can hear the sound of thousands of pearls being clutched, I’m not going to bury the lede. Continue reading

“Doing What’s Right – Not Just What’s Legal”