Discrimination and Unlawful Harassment

Soon, all employers may be forbidden from asking about a job applicant’s salary history

September 12, 2016 | by Eric B. Meyer

Last month, Massachusetts passed a new law, which will take effect in July 2018, and make it illegal for employers to ask about a job applicant’s salary history before making an offer of employment. As Stacy Cowley at The New York Times reports (here), the impetus for the new law is to reduce the wage gap between men and women:

By barring companies from asking prospective employees how much they earned at their last jobs, Massachusetts will ensure that the historically lower wages and salaries assigned to women and minorities do not follow them for their entire careers. Companies tend to set salaries for new hires using their previous pay as a base line.

Now, three members of the U.S. House of Representatives, including Congresswoman Eleanor Holmes Norton, the first woman to chair the Equal Employment Opportunity Commission (EEOC), plan to introduce similar legislation federally.

Blaming the victim is a bad way to respond to a sexual harassment complaint

September 8, 2016 | by Eric B. Meyer

Indeed, it cost a southern baptist church $25,000.

165,000 reasons to remember that associational discrimination violates the ADA

September 2, 2016 | by Eric B. Meyer

165,000 reasons meaning 165,000 dollars. But, you probably figured that out.
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This, right here, is why a good workplace investigation is EVERYTHING!

September 1, 2016 | by Eric B. Meyer

You received a complaint of sexual harassment from a female employee against a male co-worker.

So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly fire the female employee.

Legally, did you do anything wrong? Well, notwithstanding the factual twist, it doesn’t seem that way. But things aren’t always as they seem. And I’d get a day off from blogging if this one were that straightforward

Can you sue an employee for filing what seems to be a false EEOC charge?

August 31, 2016 | by Eric B. Meyer

There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December.

Today’s Special: Retaliation. Everything you’ve ever wanted to know.

August 30, 2016 | by Eric B. Meyer

Since 1998, when the EEOC issued a compliance manual on retaliation, the percentage of EEOC private sector and state and local government charges alleging retaliation has practically doubled.

Think about it. An employee complains to the company about some form of discrimination. Then that employee gets fired. So, that employee files a Charge of Discrimination at the EEOC. Inevitably, that employee will likely check two boxes. The first box will be the underlying claim of discrimination, which will vary based on the the employee’s protected class (e.g., race, religion, national origin, etc.). The other checked box will be retaliation — every time. That’s why retaliation is the most common Charge filed at the EEOC.

Yesterday, the EEOC updated its guidance on retaliation and related issues.

The EEOC has no chill for your discriminatory prescription drug use and hiring policy

August 29, 2016 | by Eric B. Meyer

Do you require potential hires to pass a drug test as a condition of employment?

If so, there are some limits as to what you can do.

Pish-posh to everything we ever knew about litigating discrimination claims

August 25, 2016 | by Eric B. Meyer

I feel naked. And, I have the vapors.

Quick! Someone fetch me my diamond-studded bathrobe and, oh yes, my pearls for clutching.

Don’t miss tomorrow’s free webinar: “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA”

August 23, 2016 | by Eric B. Meyer

Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA?

At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact.

Join this new discussion to learn about the applicable employment laws, available accommodations and leave options under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and hear recent court cases and legislation and take away some best practices you/your organization can use.

Court says Hobby Lobby decision sometimes greenlights sex discrimination at work

August 22, 2016 | by Eric B. Meyer

I teased it in Friday’s post.

Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused to waver from the letter of the dress code, and avoided a sex discrimination claim under Title VII.

Why? Because Hobby Lobby.