Discrimination and Unlawful Harassment

Company ordered to re-hire an employee after his “racist, offensive, and reprehensible” speech.

June 10, 2015 | by Eric B. Meyer

An employee was caught on video saying to black employees, “Hey, did you bring enough KFC for everyone?” and “Hey, anybody smell that? I smell fried chicken and watermelon.” The company had a strict anti-harassment policy. So, after learning about the comments, the company fired the employee.

So, what would compel an Administrative Law Judge to require that the company reinstate him? Continue reading

Your employee has a fragrance allergy. What does the ADA require you to do?

June 9, 2015 | by Eric B. Meyer

This can be a really difficult situation. Just ask a local Pennsylvania employer. Continue reading

D’s and R’s (some of ’em, at least) agree: It’s time for a federal pregnancy-accommodation law

June 5, 2015 | by Eric B. Meyer

Pregnant_woman2

Yesterday, on the heels of the Supreme Court’s decision in Young v. UPS, Senator Bob Casey (D-PA), brought the Pregnant Workers Fairness Act back to the Senate. The Act, which is modeled after the Americans with Disabilities Act, makes it an unlawful employment practice for employers to: Continue reading

From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers

June 3, 2015 | by Eric B. Meyer

Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog Hunks,” the one you all read for the articles.

(Actually, I will be on Knowledge@Wharton’s daily show on SiriusXM channel 111 – Business Radio Powered by The Wharton School today from 10-12 EDT, as a follow-up to yesterday’s post, discussing Monday’s Supreme Court decision in EEOC v. Abercrombie & Fitch Stores, Inc.)

Now, before my ego explodes like a baseball off of Giancarlo Stanton’s bat, let’s revisit the issue of transgender employees and restroom access. Continue reading

As the Supreme Court toughens religious-accommodation rules, 5 ways employers can avoid trouble.

June 2, 2015 | by Eric B. Meyer

Yesterday, the United States Supreme Court, in an 8-1 decision, ruled that an employer that does not know that a job applicant may need a religious accommodation can discriminate against that job applicant. All that matters are the employer’s motivations.

Allow me to explain. Continue reading

This employer had a “no pregnancy in the workplace” policy. No, really. It did.

June 1, 2015 | by Eric B. Meyer

Holy crap. Literally.

A Texas church is now about $75,000 lighter in the wallet after a federal judge determined that having and enforcing a “no pregnancy in the workplace policy,” which prohibited the continued employment of any employee who became pregnant, violates Title VII of the Civil Rights Act of 1964. That’s the law that prohibits discrimination based on pregnancy. Yeah, it says it right there.

Here’s more on the decision from the EEOC’s press release.

100,000 reasons to take all forms of discrimination seriously

May 26, 2015 | by Eric B. Meyer

And, that includes discrimination against ~~bronies~~ men.

Because remember my January post about the EEOC suing Ruby Tuesday, alleging that the restaurant chain discriminated against male employees for temporary assignments? Welp, that case just settled for $100K!

But, wait! There’s more… Continue reading

58,000 reasons to consider telework as an ADA reasonable accommodation

May 19, 2015 | by Eric B. Meyer

Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job.

Now, as a federal appellate court confirmed last month, there are situations in which telework is not a reasonable accommodation; namely, where attendance and face time are essential functions of the job. But, other times, telecommuting may be just what the doctor ordered. Continue reading

How 2 racial slurs in 24 hours can create a hostile work environment

May 11, 2015 | by Eric B. Meyer

Last year, I channelled Bill Clinton in this blog post about how courts rarely recognize a single incident or two as creating what the law deems a hostile work environment.

Yeah, about that.

Even a few isolated comments can create a hostile work environment.

In Boyer-Liberto v. Fontainebleu Corp. (opinion here), the full panel of the Fourth Circuit Court of Appeals concluded that two aggressive racial slurs made to an employee within a 24-hour period, may create a hostile work environment. (Here, the plaintiff, who is African-American, was twice called a “porch monkey.” And, each time, the harasser threatened the plaintiff).

OMG this supervisor’s responses to sexual harassment complaints

May 8, 2015 | by Eric B. Meyer

Folks, let me give you a little free Friday HR pro tip:

If a female employee complains to a female manager that another male manager is sexually harassing her, it’s not ok to for the female manager to respond thusly,

“He’s a guy and you work with guys. Ignore it and smile.”

That’s bad. Worse than pooping on a warehouse floor. (Even worse with the music I selected)
Continue reading