Discrimination and Unlawful Harassment

What do you do when you learn that an employee is a recovering opioid addict? What don’t you do?

July 2, 2018 | by Eric B. Meyer

Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link

During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor.

***Updates shopping list***

And I’ll bring my A-game. B-plus, at least. For the rest of the week, you can expect nothing less from me than Russia’s performance against Spain in the World Cup.

We’re going to start off by revisiting an issue, the surface of which we began to scratch a few months ago: opioids and the workplace.

If your company receives a subpoena from the EEOC, whatever you do, don’t do this…

June 29, 2018 | by Eric B. Meyer

By U.S. Government (Extracted from PDF file here.) [Public domain], via Wikimedia Commons

There will come a time that one of your current or former employees will file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against your company. Continue reading

Do we have a nominee for “worst employer of 2018”? Let’s see…

June 28, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/truck-transportation-vehicle-158539/)

For the last year and change, Jon Hyman, who blogs at the excellent Ohio Employer Law Blog, has run a series of posts identifying employers accused of egregious workplace violations.

Stuff so bad that it would have your employment practices liability insurance carrier hyperventilating into a 50-gallon trash bag. Continue reading

Four EEOC-approved ways that your company can prevent age discrimination at work

June 27, 2018 | by Eric B. Meyer

https://www.theemployerhandbook.com/files/2018/06/www.maxpixel.net-Colleagues-Job-Offer-Job-Workplace-Job-Search-2860035.jpg

Colleagues Job Offer Job Workplace Job Search (Image Credit: Maxpixel.net https://www.maxpixel.net/Colleagues-Job-Offer-Job-Workplace-Job-Search-2860035 License use Creative Commons Zero – CC0)

Ayo, the U.S. Equal Employment Opportunity Commission just released a report on “The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA).” Continue reading

Although firing a proselytizing employee may be perfectly legal, making fun of him is a really bad idea.

June 26, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/angel-church-religion-edward-312462/)

Just ask a midwest employer that had its motion for summary judgment denied and now may have to defend a hostile work environment claim before a federal jury. Continue reading

Before you deny an employee’s request for more extended leave after FMLA expires, read this.

June 25, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/packs-pile-money-finance-currency-163497/)

You know that expression about putting your money where your mouth is?

While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. Continue reading

If I hire you to shovel snow in hell, when hell eventually freezes over, you’d better shovel!

June 22, 2018 | by Eric B. Meyer

By flydime – https://www.flickr.com/photos/flydime/4671890969/, CC BY-SA 2.0, Link

Remember that as I share with you a recent Tenth Circuit opinion dealing with essential job functions under the Americans with Disabilities Act. Continue reading

Court concludes that two co-workers’ alleged plot to murder an employee-plaintiff was not retaliation

June 21, 2018 | by Eric B. Meyer

Image Credit: Pexels.com (https://www.pexels.com/photo/parking-parking-lot-underground-garage-2996/)

A probation officer in Chicago sued her employer for discrimination and retaliation. At trial, she won her retaliation claim.

While the case was on appeal, the plaintiff claimed that her boss threatened to hit her in the parking lot and, in a separate incident, coordinated with another co-worker threatened to get the plaintiff alone to cause her bodily harm.

The plaintiff alleged that this “murder plot and attempt” was evidence of more retaliation. Is she correct? Continue reading

Why would a judge have awarded UC benefits to a white guy fired for making racial slurs?

June 15, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/eyes-surprise-wow-expression-open-312093/)

Yesterday morning, I read my friend Jon Hyman’s post on LinkedIn about a lawsuit in which a person of color alleged that various supervisors and managers:

Frequently called him the “n-word”;
Told him to “reach his black hands out” while handing him a box; and
Offered him a banana while saying, “Monkeys like bananas.”

Allegedly, a group of white employees also hung a sign in the workplace that said, “WHITE ONLY.” Continue reading

Instead of going to HR, can a victim of sexual harassment make a CITIZEN’S ARREST?

June 13, 2018 | by Eric B. Meyer

By No machine-readable author provided. Klaus with K assumed (based on copyright claims). [GFDL, CC-BY-SA-3.0 or CC BY-SA 2.5], via Wikimedia Commons

Is that really a thing? A citizen’s arrest?

Tell ’em Big Bird. (I think that’s from the same episode where Elmo tried to effect a citizen’s arrest on Oscar The Grouch by sitting on top of his trash can until the Sesame Street PD arrived. But, I may be mistaken.) Continue reading