I’ll open this post with a haiku. Because, I feel like we could all use a haiku.
President-Elect
For HR, what will he do?
Not a stinkin’ clue!
In 2001, the Third Circuit Court of Appeals decided Bibby v. Philadelphia Coca Cola Bottling Co. In Bibby, the Third Circuit could not have been clearer about whether federal anti-discrimination law made LGBT bias at work unlawful.
“Title VII does not prohibit discrimination based on sexual orientation. Congress has repeatedly rejected legislation that would have extended Title VII to cover sexual orientation.”
That’s binding precedent on all lower federal courts in Pennsylvania.
Except, on Friday, Judge Cathy Bissoon from the United States District Court for the Western District of Pennsylvania concluded EEOC v. Scott Medical (opinion here) that Bibby is questionable, outdated jurisprudence.
After consuming a protein shake or two from a red Solo cup during my family’s Halloween escapades, I retired to the bloggerdome to visit the EEOC’s website. Halloween or not, I have the coolest Monday night routine in all of Cherry Hill, NJ. Oh, heck, probably in the whole state. Because I’m good enough, I’m smart enough, and doggone it, people like me.
On the EEOC’s website, I found this tweet encouraging folks to beta test Worker.gov, a tool to help workers learn about and exercise their rights.
Huh…
_-_Orchard_Park%2C_NY.jpg "By Idibri [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons")
At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League between the Buffalo Bills and the New England Patriots. Here’s another angle. (Still NSFW).
And, it got me thinking…
This could make for a good HR compliance lesson. Trust me.
Today, I want to take you to school to discuss the Americans with Disabilities Act and job descriptions.
Check that. Bad job descriptions.
I brought my pencil! Gimmee something to write on.
Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council.
.png "By Steph141disavowed (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons")
Hold up. I need to catch my breath after last night’s episode of The Walking Dead.
(Don’t worry. No spoilers ahead).
Actually, as I see it, yes, Eric is utilizing hyperbole.
But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers.
You’re almost there. The only thing that can stop you now is this Calvin Harris tune that’ll get stuck in your head all day.
The Employer Handbook Blog.jpg "By greeblie from US (Instrument Of Evil?) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons")