Articles Posted in Discrimination and Unlawful Harassment

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Image Credit: Pixabay.com
Thank you to everyone who tuned in to “The Employment Law Year in Review” webinar we hosted yesterday. A couple of housekeeping items:

  • If you signed up, Jon Hyman will be emailing you a link to both the slide deck and a recording of the presentation. And here are the cheat codes for people who didn’t sign up [video // slide deck]
  • Because lawyers love to talk, we ran out of time to address audience questions yesterday. Sorry about that. However, if you attended and still have unanswered hypothetical questions .. the ones that you’re asking about for a friend, please email me. As one attendee found out yesterday, include your phone number in that email and I may just give you a call. I can’t dispense free legal advice on specific issues, but we can fix that. Otherwise, we can talk about those hypothetical questions of yours.
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Town Crier Billy ClarkFor those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?

Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading

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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

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http://www.publicdomainpictures.net/view-image.php?image=112882&picture=gone-fishing

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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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

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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

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Good News and Bad NewsThe 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

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