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The Employer Handbook Blog
Articles Posted in Discrimination and Unlawful Harassment
A jury will hear the ADA claim of a diabetic cashier, fired for drinking life-saving juice from a store refrigerator
I imagine that this juice won’t be worth the squeeze.
“We are looking to add a few young professionals” and an age-bias lawsuit, apparently.
From a reader who wishes to be identified as “ever faithful blog lover”:
A while ago you mentioned ads with “digital native” as being a cover for trying to recruit “young” folks and being an ADEA violation… so what do you think of an ad that says (twice) “Young professionals” wanted? LOL That’s not even a cover! See attached…
This, right here, is the LGBT-discrimination case for employers to watch
According to Chris Geidner at Buzzfeed.com (here), 128 members of Congress filed a brief in Christiansen v. Omnicom Group, Inc., urging the Second Circuit Court of Appeals to conclude the discrimination based on sexual orientation is sex discrimination and, therefore, violates Title VII.
So, yes, you should pay attention.
EEOC reaches historic $200K settlement on its first sexual orientation bias lawsuit
Late last week, one of those lawsuits settled.
Can you fire someone for getting divorced? Once court says no.
In this unanimous 6-0 decision on Tuesday, the New Jersey Supreme Court held that employers cannot let any of the following motivate an employment decision:
- being single;
- getting engaged;
- marriage;
- a break up;
- divorce; or
- recently widowed
EEOC: It’s time for your company to re-imagine anti-harassment training
Welp, it looks like there’s still plenty of time for me to get my money’s worth on creepy Wikipedia stock images of sexual harassment — Thank you By Leon israel – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=38824206. Continue reading
These sample employer-wellness program notices will make you the envy of all your HR friends
Want to sit at the cool table next week at SHRM16? Well, I’ll be there. So, if you’d like the secret password or just want to meet a real blogging-employment-lawyer legend in person, email me. (Yes, I’ll have some swag).
Or, head over the EEOC’s website, print out this Sample ADA Notice for your employer-sponsored wellness program, and memorize the EEOC’s “Questions and Answers: Sample Notice for Employees Regarding Employer Wellness Programs.”
Then, while the rest of those nerds are Snapchatting about Strategizing Radical Change by Becoming a Disruptive Leader, show ’em some side eye, and bask in your ADA/GINA compliance.
NJ Supremes: You can’t shorten the time for employees to file discrimination lawsuits
About two years ago, I blogged here about this decision from the NJ Superior Court, Appellate Division, where the court held that an employer and employee could agree to shorten the statute of limitations on employment claims. For example, in Rodriguez v. Raymours Furniture Company, Inc., conspicuously placed in its application materials, was language requiring that any employment-related lawsuit against Raymours be filed within six months of whenever the claim arose. Thus, if one of these employees was later discriminated against, he would have to file his lawsuit within six months (rather than within two years, as New Jersey’s Law Against Discrimination permits).
EEOC has some new pregnancy discrimination resources to feed your HR brain
Head on over to the EEOC’s website (here) to check out: