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The Employer Handbook Blog
Articles Posted in Discrimination and Unlawful Harassment
“Off-the-clock” discriminatory Facebook messages can create a hostile work environment
As I type this post, I’m watching two of my kids — one dressed as Olaf; the other Elsa — yelling at each other to stop singing Frozen tunes. Now, they’re wrestling — I don’t remember that from the movie. For a snowman, that Olaf is pretty tough. Oh, damn! Parent of the year here has let it go — see what I did there — on too long.
brb…
A recap of EEOC Commissioner Chai Feldblum’s hour-long Twitter Q&A
Yesterday, EEOC Commissioner Chai Feldblum took over the Bloomberg Law Twitter handle (@Bloomberglaw) for an hour, and answered questions from employment-law Twitter nerds like me.
Latest study indicates rampant transgender discrimination at work
On Tuesday, voters in Houston, TX took to the polls and said no to Prop 1. That’s a ballot measure that would have outlawed discrimination at work against lesbian, gay, bisexual and transgender employees and job applicants. Amanda Terkel at The Huffington Post reports here that, despite having widespread support from local and national politicians and businesses, the measure failed, in large part, because of the “bathroom” issue. That is, many voters did not want transgender women using the women’s restroom (and vice-versa).
Meanwhile, on Tuesday in our Nation’s Capital, the District of Columbia Office of Human Rights issued a “groundbreaking report” revealing a high rate of discrimination against transgender job applicants.
Court upholds employee firing after complaining about gay slurs. Was that a mistake?
Mr. Gaff worked as a custodian at a University. He claimed that, on several occasions, his subordinate called him a “fa***t.” So, Mr. Gaff complained to his supervisor. Then, Mr. Gaff was later fired.
Retaliation?
More EEOC rules on employer wellness programs are coming. Will yours make the cut?
Do you follow me on Twitter? If you do, you may have watched me live-streaming some of my one-year-old, who won Halloween hands-down. Well, that and you would have gotten the early heads up that the EEOC was issuing its proposed rules on the Genetic Information Nondiscrimination Act (GINA), and its impact on your employer wellness programs.
YouTube clips of “Live with Kelly and Michael” doom a manager’s discrimination claims
Personally, I’m more into The View. (And by The View, I mean The Walking Dead).
Did you hear the one about the HR Manager who’d never heard of Title VII?
The bottom of the first page of this recent federal court opinion in EEOC v. Star Transport, Inc. really grabbed my attention:
In December 2008 or January 2009, Edward Briggs became Star Transport’s Human Resources Manager. He received no training on anti-discrimination laws, was not aware of any exceptions to the “at will” employment policy, had never heard of Title VII, and had no understanding of the company’s obligation to accommodate an employee’s religious beliefs. Gene Ozella was Star Transport’s Personnel Manager from 2008 to 2011; he also received no training on anti-discrimination laws…
How do you think this religious discrimination case is going to end for the employer?
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Fact or Fiction: Denying a discretionary bonus may be discrimination?
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”
Many claims of discrimination require proof of what’s called an “adverse employment action.” A firing would qualify; so would an unpaid suspension. (But, not a paid suspension). Really, it’s anything that “materially adverse” to one’s job.
Ok. Suppose an employer withholds a discretionary bonus. Could that be discriminatory?
Attendance may be an essential job function under the ADA. But, how do you know?
The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters. There’s also a catchall: “other similar accommodations for individuals with disabilities.”