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The Employer Handbook BlogA New Orleans Saints Cheerleader claims players get better treatment and that’s discrimination
By robbiesaurus (Flickr: Saint’s Cheerleaders with Saint Bernard) [CC BY-SA 2.0], via Wikimedia Commons
Articles Posted in Discrimination and Unlawful Harassment
Do your employees understand the limits of their freedom of speech? If not, educate them.
Image Credit: Pexels.com and http://negativespace.co/photos/computer-in-bed-2/)
Do your employees appreciate that what they do on social media on their own time can cost them their job?
Do your employees think that “freedom of speech” can save them from getting fired? Continue reading
What Dallas’ zero Super Bowl rings this century can teach you about ADA essential job functions
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Did you know that the Super Bowl MVP, Philadelphia Eagles (backup) Quarterback Nick Foles, has more playoff wins in the last three months (3) than the Dallas Cowboys have in the past twenty years (2)?
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This is probably not even legal in Mexico
Pattie on Flickr (“In an antique shop window” https://www.flickr.com/photos/piratealice/3082374723)//embedr.flickr.com/assets/client-code.js
Even if you operate an antique shop, this sign is not a good look for your business.
So, as you can imagine, the State of Illinois wasn’t too cool with one of its local employment agencies taking out an advertisement in a local publication in which it sought “Lots of Mexicans” “Honest and sincere (provide the best Mexicans).” Continue reading
When is working overtime an essential job function? (Psst. I’ll tell you.)
Image Credit: “Whisper” by Jamin Gray on Flickr (https://www.flickr.com/photos/jamingray/1056525232) //embedr.flickr.com/assets/client-code.js
Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act?
The quick answer is: the employer decides when.
But, let’s do a deeper dive. Continue reading
No one ever said that this FMLA stuff would be easy.
Image Credit: Pexels.com (https://www.pexels.com/photo/black-calendar-close-up-composition-273011/)
Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period.
So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day? Firing that employee wouldn’t violate the FMLA would it?
Or, could it? Continue reading
BOOKMARK THIS: A blueprint to providing an employee with a religious accommodation
Image Credit: Pixabay.com (https://pixabay.com/en/blueprint-ruler-architecture-964629/)
I started the week presenting to HR audiences in DC and NJ about accommodations under the Americans with Disabilities Act. Today, I want to pivot into religious accommodations by highlighting a recent federal court decision, which can teach employers a thing or two about how to engage in a good-faith interactive dialogue. Continue reading
Here’s a nice recap of my #SHRMleg “Becoming an ADA Expert” session
By rp72 (Opening o2 Arena London Bon Jovi) [CC BY 2.0], via Wikimedia Commons
NJ advances bill that would ban confidentiality provisions in any settled discrimination claim
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Some states, like the Commonwealth of Pennsylvania for example, have responded to the #MeToo movement by drafting legislation that would ban confidentiality provisions in private sexual harassment settlements.
The State of New Jersey has taken it one step further.
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Indeed, there are 50,000 reasons to avoid “age will matter” in an applicant’s rejection email.
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Remember that blog post I had last Spring. I’m talking about the one about an employment agency that allegedly emailed a job applicant the following cringe-worthy, what we’re really saying here is “sue me” rejection email:
“Thanks for your reply. I check the details of [sic] you. And you [sic] born in 1945. So I discussed with the client side. Age will matter. So that’s why I can’t [sic] be able to submit your profile to client side.”
Well, that company just settled with the U.S. Equal Employment Opportunity Commission for $50,000 and lots of equitable relief. Continue reading