Discrimination and Unlawful Harassment

NY federal court concludes that Title VII does not prohibit anti-gay bias….yet.

March 10, 2016 | by Eric B. Meyer

Last week, the United States Equal Employment Opportunity Commission made headlines by filing its first lawsuits against private-sector businesses challenging sexual orientation discrimination as sex discrimination.

Meanwhile, yesterday, another federal court in Christiansen v. Omnicom Group, Inc. (opinion here) concluded just the opposite: sexual orientation discrimination is “reprehensible,” but does not violate Title VII of the Civil Rights Act of 1964.

GUEST POST: Workplace lessons for employers from Ke$ha and Dr. Luke

March 8, 2016 | by Eric B. Meyer

We have an extra-special guest blogger today. It’s my mentee, Meaghan Londergan. (Sorry, folks, all of The Karate Kid images were copyright protected). Sadly, I no longer work with Meaghan. But, in her defense, there’s only so much Meyer that a young impressionable associate can take. Since then, Meaghan’s been a real mover and shaker. Now, she’s a Partner at Freeman Mathis & Gary, LLP.

I also want to give a shout out to Meaghan’s law clerk Erika Mohr, a third-year law student at the Drexel University, Thomas R. Kline School of Law, graduating May 2016. If I taught Meaghan anything — Meaghan, did I teach you anything? Don’t answer that. — it’s to delegate responsibility, especially on law-related articles. So, let’s assume that Erika did all the heavy lifting on this guest post.

If you want to reach Meaghan, maybe hear some ~~blackmail~~ old Meyer war stories, you should connect with her on LinkedIn. Ditto for Erika, less the dirt. And if you want to guest blog on an employment-law topic at The Employer Handbook, email me.

HR 101: Temporary disabilities and the ADA

March 7, 2016 | by Eric B. Meyer

A temporary disability isn’t an Americans with Disabilities Act “disability;” except, when it is.

Here’s a new resource for small businesses to learn about discrimination laws

March 4, 2016 | by Eric B. Meyer

In this press release, the EEOC announced yesterday that it has a new guide for small businesses to comply with federal anti-discrimination laws.

And if some of you bigger businesses want to check it out too, I won’t tell anyone. Well, unless you count the illuminati.

By Mary and Angus Hogg, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=13230811

Legal or illegal, companies don’t have to tolerate LGBT discrimination at work

March 3, 2016 | by Eric B. Meyer

Yesterday, I blogged here about the U.S. Equal Employment Opportunity Commission‘s first lawsuits challenging sexual-orientation discrimination as sex discrimination. While part of the EEOC’s Strategic Enforcement Plan to address emerging and developing issues, getting federal courts to agree that sexual-orientation discrimination is unlawful under Title VII is an uphill battle.

But, that doesn’t stop American businesses from creating and enforcing their own rules in the workplace against LGBT discrimination.

The EEOC is taking businesses accused of anti-gay bias to federal court now

March 2, 2016 | by Eric B. Meyer

The U.S. Equal Employment Opportunity Commission is officially stepping into the ring and taking the fight to private-sector employers whom the EEOC believes has discriminated against workers on the basis of sexual orientation. Yesterday, the EEOC announced (here) that it had filed two complaints in federal court against employers whom it alleges engaged in anti-gay bias.

Oh, it’s on now!

20% of HR Managers say their companies pay men more than women for the same work.

February 26, 2016 | by Eric B. Meyer

So, do we have a gender pay gap? Or is it a myth?

How could dementia not be covered under the FMLA? (Psst, I’ll tell you how).

February 25, 2016 | by Eric B. Meyer

The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of leave in a 12-month period for, among other reasons, to care for a parent with a serious health condition.

Most FMLA serious health conditions are plainly obvious: Cancer, HIV, dementia. But, then again…

9 simple steps to drafting a bangin’ EEOC Position Statement

February 19, 2016 | by Eric B. Meyer

If you’ve ever had to address a Charging Party’s EEOC Charge of Discrimination, you know that drafting a good Position Statement, in which the specific claims of discrimination are addressed and supported with documents and facts is hella-key.

This especially holds true now that the EEOC has announced new nationwide procedures that provide for the release of a company’s Position Statement and non-confidential attachments to a Charging Party or representative upon request during the investigation of a charge of discrimination.

So, how do you draft a Position Statement that makes the EEOC like, and the Charging Party like?

A message from Stevie Wonder on providing accommodations to individuals with disabilities

February 17, 2016 | by Eric B. Meyer

Watch this video of Stevie Wonder at the Grammy’s. Ignore the tragic wardrobe selection. Instead, listen to the message about increasing accessibility to people with disabilities, and make sure that it carries over into your workplace. Remember it before… Continue reading