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The Employer Handbook BlogThe outdoor worker who couldn’t work in the sun lost his ADA claim
![the fable of the moth and the sun [det]](https://farm1.staticflickr.com/97/271023578_cf5ff469df.jpg)
Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea.
Articles Posted in Discrimination and Unlawful Harassment
HELP WANTED: Seeking Senior VP of Sales, ideally 45-52 years old. Wait, WHAT?!?
I was going to blame the tardiness of today’s post on technical difficulties. Except, the only thing that was technically difficult about it was trying to muster the energy to blog last night after spending four hours in the sun with my 6-year-old at the Eagles first preseason game. I’m happy to report that the Eagles won, and, to the delight of the intoxicated masses who hung around in the fourth quarter — most everyone but me and my son — Tim Tebow scored a touchdown.
A suspension with pay is not discrimination, you guys.
[Editor’s Note: The employer in this post is a client; although, I did not represent this client in this case].
Yesterday, in Jones v. Southeastern Pennsylvania Transportation Authority, for the first time ever, the Third Circuit Court of Appeals recognized that a suspension with pay is not an “adverse employment action” under the substantive discrimination provision of Title VII. (The Court did not address the issue of whether a suspension with pay is an adverse employment action under the anti-retaliation provision of Title VII).
The Third Circuit’s holding is in line with several other circuits across the country.
Can a company fire its HR Manager for taking the employee’s side in a discrimination complaint?
Well, you can forget about that “place at the table.” That’s for sure.
***ducks thought-leader mashed potatoes and change-agent stuffing***
Don’t forget anti-harassment training for temporary workers
In these Summer months, it’s easy to relax a bit. For example, last weekend I spent Sunday morning sleeping off a fun Saturday night in the shade of a tree on my front lawn while my four kids played slip-and-slide in traffic on the front lawn too. Although, I did catch my youngest two cooling off in drinking out of puddles on the sidewalk.
How Kelly Osbourne’s “poor choice” of racist words can help businesses address discrimination
Earlier this year, Kelly Osbourne walked out on E!’s Fashion Police shortly after her co-host, Giuliana Rancic, criticized a young African-American Disney star. Specifically, Ms. Rancic called out the actress for donning dreadlocks at the 2015 Oscars, saying that she must have smelled of “patchouli” and “weed.” Many found Ms. Rancic’s comments racist. Ms. Osbourne too must have been affected, because she told People Magazine that she left Fashion Police because she was not “going to sit there and perpetuate evilness.”
Fast forward several months. Continue reading
Pre-Hire Inquiries and Medical Exams: Don’t do what this employer did
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When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year.
Two for Tuesday: EEOC Report on the American Workplace
My apologies for skipping out on a post yesterday. Someone had a case of the Mondays. So, I’ll make it up to you now — kinda like serving you a prairie fire and then a cement mixer.
Yep, my blog fodder is not quite rail drink-worthy. Anyway…
The latest NLRB decision could provide many fired employees with a huge second bite at the apple.
In a decision issued last week (here), the National Labor Relations Board ruled that “the filing of an employment-related class or collective action by an individual employee is an attempt to initiate, to induce, or to prepare for group action and is therefore conduct protected by Section 7 [of the National Labor Relations Act].” So, for example, if you fire someone for filing a Fair Labor Standards Act lawsuit on behalf of himself and other similarly situated employees, then you’ve violated both the FLSA and the NLRA.
Yes, if an employer actually retaliates in that manner, shame on the company. However, two things pique my interest here:
- An administrative law judge concluded that the employee was fired because he filed a FLSA collective action. By this time, in the federal court action, the parties had barely scratched the surface on taking discovery and the federal court had yet to certify a class. (Ultimately, the FLSA action was settled amicably in federal court, without any finding of liability).
Who win$ di$crimination law$uit$? The lawyer$, of cour$e.
About 3 years ago, after a 6-day trial, a Colorado federal jury concluded that a plaintiff had been retaliated against for participating in a discrimination complaint process. But, the jury didn’t award her much: $14,000 for out-of-pocket expenses, and $5,000 for emotional distress, pain, suffering, embarrassment, humiliation or damages to reputation.
Then, her lawyers filed a motion for attorney’s fees and costs. Continue reading