Discrimination and Unlawful Harassment

86 the “100% cured” policy for employees returning from FMLA leave

May 2, 2016 | by Eric B. Meyer

My other car is a minivan

Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s ability to perform essential functions of the individual’s job, with or without accommodation.

ADA violation…check!

But, what about having a 100%-cured policy for an employee taking leave under the Family and Medical Leave Act?

This sad, sobering video is a reminder that your company still employs knuckledraggers #MoreThanMean

April 27, 2016 | by Eric B. Meyer

Most of you have either seen or heard about Mean Tweets from Jimmy Kimmel Live! That’s the segment where celebrities stand in front of the camera with smartphone in hand awkwardly reading the snippets of vitriol that Twitters users can spew about them in 140 characters or less. The celebrities have a good sense of humor about it. And the segment is generally good for some LOL moments.

Well, the folks over at Just Not Sports took Mean Tweets to another level with #MoreThanMean tweets.

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It’s hard to believe what may pass for age discrimination these days.

April 25, 2016 | by Eric B. Meyer

Hi there.

Did you have a nice weekend? Overall, I did too. However, Saturday was rough. How rough? On a scale of 1-10, it was Chuck E. Cheese.

Sunday improved. Mildly.

But, now I’m in a coffee shop, sans kids, sans ball pits, costumed rats, and shopping carts. Instead, I’m nicely caffeinated, listening to a Spotify playlist of Rolling Stone’s 100 Greatest Hip Hop Songs of All Time, wondering how House of Pain’s Jump Around didn’t make the list and punching out a blog post on age discrimination to you fine folks.

The one they called “Grumpy Old Bastard” lost his age discrimination case.

April 22, 2016 | by Eric B. Meyer

Only law blog with this pic. Fo Shizzle.

If only someone would’ve created a Grumpy Old Men / Wu-Tang Clan mashup. ODB passing the verse to Walter Matthau…

Oh well, you’re stuck with me blogging about an age discrimination case from the Northern District of Indiana. At least I’m off of the FLSA soapbox…for now.

A pay raise is not discriminatory and eye rolls don’t create a hostile work environment, mmkay?

April 19, 2016 | by Eric B. Meyer

Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza?

Just kidding, I know my 80s TV. It’s Corbin Bernsen.

You guys don’t have to let employees pray to a Flying Spaghetti Monster. Probably.

April 18, 2016 | by Eric B. Meyer

Even a true “Pastafarian.”

Medical Marijuana is coming to PA. What do employers need to know?

April 14, 2016 | by Eric B. Meyer

Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it)

Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty sure that’s not how it works.

Here’s a novel defense to a discrimination claim. (Replace “novel” with “damn near frivolous”).

April 13, 2016 | by Eric B. Meyer

Let’s say that one of your employees forms a corporation. The sole purpose of the corporation is to accept direct payment of wages for the employee. In other words, this arrangement does not affect the employee’s duties or your control over the employee at work. Indeed, maybe you provide the employee with business cards with both your company name and the employee’s name.

Just suppose…

The most essential elements of an employee handbook acknowledgment

April 12, 2016 | by Eric B. Meyer

Right around the time that email subscribers to this blog — you can become one too, you know — receive today’s post, I’ll be sitting on an “Ask the Expert” legal panel at the Lehigh Valley Chapter of SHRM saying lawyerly stuff like…

“It depends.” and “I’ll get back to you on that.” and “Are you serious? Or just asking for a friend.“

One of the questions I know that we’ll get is about employee handbook acknowledgments. Specifically, what should they look like?

The last word is often key to ADA accommodations

April 11, 2016 | by Eric B. Meyer

That’s why I kick so much butt with Americans with Disabilities Act accommodations. As a lawyer, I always have to have the last word. LOL!

(Or say stuff like, “It depends.”)