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The Employer Handbook Blog
Articles Posted in Discrimination and Unlawful Harassment
How could dementia not be covered under the FMLA? (Psst, I’ll tell you how).
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
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
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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
New EEOC statistics highlight the importance of disability accommodations at work
Yesterday, the EEOC released its FY2015 Enforcement and Litigation Data. Consistent with prior years, claims of retaliation continue to dominate (44.5% of all claims filed with the EEOC). Race is second (34.7%). But, it’s disability discrimination — up a whopping 6% from 2014 — that should have your attention.
Boy sexts girl. Girl sexts boy. Nope, no sexual harassment here.
Like a couple of sexting rabbits, a female employee and her male supervisor carrying on like, well, a pair of sexting rabbits. And, then, after the defendant-company fires the plaintiff-employee, she sues and claims that she was subjected to quid pro quo sexual harassment.
So, could it have gotten to the point that unwelcomed sexting became a required term or condition of the plaintiff’s employment?
A Chairperson supposedly tried to get her direct report to marry her son. Her son the company CEO.
YASSSSS!!!!
Oh, thank you blogging gods for this generous clusterfunked bounty. Please accept this offering from your humble minion.
Those EEO-1s you love to complete are gonna get more complicated
Happy Monday. Like my amateur Photoshop? No? Well, then, how about a little music….
(You can put your middle fingers down now).
What caused this employee to claim disability discrimination on her second day of work?
When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully?
If it’s been a while (or, maybe, I dunno, forever), have I got a case for you!
When must companies accommodate employee medical marijuana use? How about never?
I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination.
I’ve blogged before (here) that the Americans with Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.