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The Employer Handbook BlogBut, Eric, shouldn’t we update our anti-harassment policies in 2018 also?
Yes and, after yesterday, this deserves its own post. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Grab your company’s job applications and ADA pearls. Now, click this post and clutch tightly.
A few years ago, one of my colleagues emailed me and asked if I would review a particular question on a client’s job application. Specifically, the client wanted to know whether a certain health-related inquiry was something the client could do before extending a conditional offer of employment.
Well, not only was this particular question unlawful, so were the other four I found on the job application. They all violated the Americans with Disabilities Act. Every. Damn. One.
But, was this an anomaly? If we drained the ADA-noncompliance swamp, would we only find this employer?
My bottles of Drakkar Noir and left arm adorned in shiny Rowleckses says, “No.” Continue reading
Court stymies employer’s try for plaintiff’s social media passwords in sexual harassment case. But, it did get…
I imagine that, among the reasons that victims fear complaining about sexual harassment, is that spotlight may shine a little too brightly on them.
For example, when a plaintiff in a Title VII case claims emotional distress from sexual harassment, the source(s) of that pain will be under the microscope. Questioning on this issue could spill into the plaintiff’s social media activities.
But how far will a court allow this to go? Continue reading
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You were expecting, maybe, an FMLA post today? Continue reading
LGBT bias costs one employer the maximum amount allowed by law
Hi there.
Did you have a nice Thanksgiving?
Notwithstanding Thursday’s feast, I rallied hard over the weekend. Indeed, I needed my energy up to check some boxes on my older daughter’s Christmas list. (She claims that number one is commonplace in Canada. I’m not so sure).
But, I’m taking a break from the shopping to wax employment law for you. Today, I want to get into LGBT rights at work. Continue reading
Want to keep settled sexual harassment claims confidential? It may cost you tax dollars.
Last week, I wrote here about proposed legislation in the Commonwealth of Pennsylvania that would outlaw confidential settlements of sexual harassment claims.
Now, the feds are getting into the act. Continue reading
New bill would ban confidential settlements of sexual harassment claims in Pennsylvania
https://fast.wistia.com/embed/iframe/luqsn92lu0
One of your supervisors has just been accused of sexual harassment. Rather than spend the money to litigate the case, your company decides to settle. Let’s go through the standard provisions:
- Settlement payment
- General release
- Non-admission
- Mutual non-disparagement
- Mutual confidentiality
Ah, not so fast on that last one if your business is in the Commonwealth of Pennsylvania. Continue reading
I’ve got good news and I’ve got bad news
The good news is that I get to play an 80’s rock ballad (youtube, Spotify) as I share with you the bad news that, by the time you read this post, you’re most likely SOL for signing up for “The Employment Law Year in Review,” a free webinar on Thu, Dec 7, 2017 12:00 PM – 1:00 PM EST.
That’s right, my dudes!
I started advertising the webinar on Monday and, just like that, buh-bye to 1000 attendee slots. I can’t imagine what the secondary market for tickets to next month’s big event must look like right now. Wonder. Wonder. Continue reading
JOIN US: “The Employment Law Year in Review,” a free webinar on Thu, Dec 7, 2017 12:00 PM – 1:00 PM EST
I had one date circled — one date between now and the end of the year.
Later this week, on November 17, Netflix releases Marvel’s The Punisher. If you’ve dorked out gotten culture with any of The Defenders series, then, like me, you’ve been chomping at the bit for this release. But, if you need some enticement, check out the official trailer for Marvel’s The Punisher. It opens with Frank Castle as an early contender for Father Of the Year, teaching his kid Metallica on an acoustic guitar. Seconds later, Castle’s entire family is dead and he’s talking about infiltrating a covert CIA operation. And, at the 1:22 mark of the trailer, we have this exchange between Frank Castle and a sidekick:
Sidekick: You and me, we want the same thing. So, work with me.
Frank Castle: On one condition. I’m gonna kill ’em all.
Sidekick: Yeah, I can live with that.
Dammit, Netflix! Stop twisting my arm! Cause, it hurts so good.
***blows smoke and starts chewing bubble gum cigarette***
Now, if you’re going to circle one other date on the calendar, may I suggest December 7? Yep, I’ve buried the lede long enough. Continue reading
And in other sexual harassment news….EVERYTHING!!!
And here I thought we’d be able to make it to the weekend without another above-the-fold allegation of sexual harassment.
Fortunately, I have some other helpful, related items… Continue reading