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The Employer Handbook BlogYouTube clips of “Live with Kelly and Michael” doom a manager’s discrimination claims
Personally, I’m more into The View. (And by The View, I mean The Walking Dead).
Articles Posted in Discrimination and Unlawful Harassment
Did you hear the one about the HR Manager who’d never heard of Title VII?
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?
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Fact or Fiction: Denying a discretionary bonus may be discrimination?
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?
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.
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.
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
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.
A job duty performed 5% of the time is probably not ADA-essential, you guys
“Smithers, refill my lime rickey. And find me a dunce cap. Post haste.”
The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are the essential functions of the job?
Can you legally fire an employee for extreme gas?
My readers are the best!
On Friday, I received two emails within 15 minutes of one another, encouraging me to blog about this story. Kenneth Hilario at the Philadelphia Business Journal writes about an employee of an NJ company who is suing her employer. What makes this story special? The company allegedly fired the spouse’s husband, the company’s controller, because of his “extreme gas and uncontrollable diarrhea.”
Just because I walk away when you slap my butt, doesn’t mean I like it.
Butt slaps are rarely appropriate. Not in the courtroom. Not in the workplace. Even Buttslaps, LLC in Butte, Montana frowns on butt slaps at work.
(I totally made that last part up. Don’t Google it).
Where am I going with this? Hell When an employee sues for sexual harassment, he or she must prove several elements. One of those elements is that the employee was offended by sexual conduct directed at them.