Discrimination and Unlawful Harassment

File the “blue collar workplace” defense to a hostile work environment in the trash can

December 6, 2016 | by Eric B. Meyer

When defending against a woman’s sexual harassment claim, I’ve found that “she was asking for it” is generally a bad defense. So bad, in fact, that you may just want to whip out the old checkbook instead.

Another crappy one, apparently, is trying to convince a judge that an industrial workplace setting is carte blanche to knuckle drag and generally act like pigs.

Also known as the “blue collar” defense.

Swastika cupcakes?!?

December 1, 2016 | by Eric B. Meyer

Yesterday, I read this story from David Moye on Huffington Post about a young Jewish girl’s birthday party at which the guests — friends of the birthday girl — were allowed to frost cupcakes. Well, it seems that two of the party guests decided that it would be funny to frost a chocolate swastika into their cupcakes and upload photos to Snapchat.

The mortified mother of the birthday girl called it a “teachable moment” about the horrors of the Holocaust, which, ironically, the swastika frosters had just learned about in school.

So, what does this have to do with your workplace?

Bad things often happen when employees feel they have to resort to self-help

November 30, 2016 | by Eric B. Meyer

Like one-man bands.

Or, retaliation lawsuits, for example.

Bank VP’s Facebook rant that Trump can “buy” and “sell” the Obamas didn’t end well, you guys.

November 29, 2016 | by Eric B. Meyer

The good news for this employee is that her viral Facebook post earned her an award.

The bad news is that the “award” was “Racist of the Week.”

The ugly news — well, other than the post itself — was that the employee lost her job and likely impaired her ability to find similar employment anytime soon.

Before you hit the reset button on all those changes you made for the DOL Overtime Rules…

November 28, 2016 | by Eric B. Meyer

Did you have a nice Thanksgiving holiday?

How many of you gave thanks to that federal court in Texas for entering a nationwide injunction on the DOL overtime rules?

The EEOC has a brand new HR-compliance resource on national origin discrimination

November 22, 2016 | by Eric B. Meyer

A photo posted by Eric B. Meyer (@eric_b_meyer) on Nov 20, 2016 at 1:31pm PST

Sorry about missing yesterday. I was recovering from a nose bleed and some hurt feelings.

I have freebie for you today to make up for it. Then again, every day is a freebie. Continue reading

Company tried to “sprinkle a little salt” on its worksite; pays $50K to the EEOC.

November 18, 2016 | by Eric B. Meyer

Are you guys old enough to remember that old NFL Films Dial ‘M’ For Moron bit? What can I say? I’m a sucker for the classics.

Well, it’s all I could think of after reading this EEOC press release, highlighting a recent race discrimination and retaliation action against a car dealership because it did the equivalent of Dial ‘M’ For Moron.

Could ‘mansplaining’ create a gender-bias claim? It’s direct evidence of it says one court!

November 15, 2016 | by Eric B. Meyer

If you’re: (a) new to social media; (b) don’t watch Jeopardy; or (c) haven’t hung out on Jezebel, you may be unfamiliar with what ‘mansplaining’ is.

Are your company’s anti-bullying measures working? I’d like to hear from you.

November 14, 2016 | by Eric B. Meyer

About a week ago, I read an article on The Players’ Tribune from Arizona Cardinals running back David Johnson. It’s called “Let’s Talk About Bullying,” and you can read it here.

Imagine this from a 6′ 1″, 225 lb. professional football player:

Employee admits that attendance on the reg is essential, so telecommuting isn’t a reasonable accommodation

November 11, 2016 | by Eric B. Meyer

That’s pretty much what happened in this recent Eleventh Circuit opinion.