Discrimination and Unlawful Harassment

Latest study indicates rampant transgender discrimination at work

November 5, 2015 | by Eric B. Meyer

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?

November 4, 2015 | by Eric B. Meyer

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?

November 2, 2015 | by Eric B. Meyer

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

October 28, 2015 | by Eric B. Meyer

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?

October 27, 2015 | by Eric B. Meyer

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?

Continue reading

Fact or Fiction: Denying a discretionary bonus may be discrimination?

October 20, 2015 | by Eric B. Meyer

Fact or Fiction? 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?

October 14, 2015 | by Eric B. Meyer

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.”

Fired for a mouth full of coffee? That’s a new one. Or, maybe, age discrimination.

October 13, 2015 | by Eric B. Meyer

WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is ~~never missing one of my posts~~ his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended.

Do you think that The Undertaker’s age motivated the WWE’s decision to script this loss — yes, sorry, it’s scripted? In that context, the notion of age discrimination seems silly. But, what about at work?

Where a 20-year employee with an exemplary record is suddenly fired…

Something wrong with a little bump n’ grind. Sexual harassment, perhaps.

October 12, 2015 | by Eric B. Meyer

Something else you may not know about me.

On Saturday evenings, I crash Bar Mitzvahs and hustle blackjack. And then I’m like…

But then, on Sunday, it’s back the Bloggerdome for a new post. For this one, let’s talk about ~~R. Kelly~~ a recent Fourth Circuit decision in which the appellate court recognized that a single incident — one touch — may create a hostile work environment.

ADA and accommodating peanut allergies at work

October 8, 2015 | by Eric B. Meyer

Well, damn.

To those who you who receive my blog posts via email, I’m sorry. Yesterday, we had some technical difficulties and my card check post didn’t make it into your inbox. I realize that for some of you — ok, all of you — my blog posts are an icy-cold bottle of beer in the arid desert that is your mid-week slog. Again, I’m sorry. I’ll ~~release the wrongdoers from the shackles in my basement~~ do better.

But just to be safe, as a Versace belt to the Hermes suspenders, you may want to like The Employer Handbook on Facebook. Every post is shared there.

Now, back to employment law and what-not.