Discrimination and Unlawful Harassment

Did USC’s alcohol-related firing of its former head football coach violate the law?

December 8, 2015 | by Eric B. Meyer

Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. The Daily Beast, among others, reported that USC fired Mr. Sarkisian after an incident where he appeared drunk during a speech at a USC event.

Yesterday, Mr. Sarkisian fired back with a 14-count lawsuit in California Superior Court. The lawsuit includes claims for disability (alcoholism) discrimination and failure to accommodate his disability.

Can you eliminate discrimination claims by hiring minority replacements?

December 4, 2015 | by Eric B. Meyer

Yeah, no.

When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements:

Did one court really just conclude that HIV is not an ADA disability?

December 2, 2015 | by Eric B. Meyer

Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, “Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV is a disability under the Americans with Disabilities Act. Indeed, the Americans with Disabilities Act regulations notes that it should be “easily concluded” that HIV substantially limits one or more major life activities. Further, the Department of Justice, Civil Rights Division recognizes that HIV is an ADA disability.

Well, tell all that to a Florida federal court.

Just give him the chair. It’s that easy.

November 24, 2015 | by Eric B. Meyer

Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of reasonable accommodations.

Then the general counsel on the panel — he was from a Fortune 500 company — did one of these, and offered this pro tip that I’ll never forget. Continue reading

Your temporary workers can probably sue you for discrimination

November 23, 2015 | by Eric B. Meyer

Last week, the Third Circuit Court of Appeals ~~daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia~~ took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination.

Denying an employee’s attempt to rescind her resignation may be…retaliation?!?!

November 19, 2015 | by Eric B. Meyer

I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah…

It’s another “when a hostile work environment isn’t a hostile work environment” post

November 18, 2015 | by Eric B. Meyer

Second verse, same as the first.

(But read it anyway to pad my blog stats, would ya?)

Four ways to prevent systemic discrimination in your workplace, before an EEOC charge.

November 13, 2015 | by Eric B. Meyer

Oh, hi there. Uh, this? It’s not a comic book. It’s a GRAPHIC NOVEL, folks! And, yes, I need to highlight my favorite passages in this library book. It’s how Sartre did it.

Quit judging me, would ya? Nothing more to see here. Read on.

A federal judge in Alabama holds that Title VII covers sexual-orientation discrimination

November 12, 2015 | by Eric B. Meyer

Who would have guessed that, in a state without a state administrative agency to accept discrimination charges, where only age discrimination is against state law, a federal judge would rule that sexual orientation is considered sex discrimination and, therefore, a violation of Title VII.

Sir, yes, sir! Quoting “Full Metal Jacket” may create a hostile work environment

November 11, 2015 | by Eric B. Meyer

https://www.flickr.com/photos/28385889@N07/4065494694

That’s why I stick with Finding Nemo at work. I also find myself eating lunch alone and getting plenty of odd looks from the staff. Well, that and my mohawk.