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The Employer Handbook BlogPre-Hire Inquiries and Medical Exams: Don’t do what this employer did
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When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year.
Articles Posted in Discrimination and Unlawful Harassment
Two for Tuesday: EEOC Report on the American Workplace
My apologies for skipping out on a post yesterday. Someone had a case of the Mondays. So, I’ll make it up to you now — kinda like serving you a prairie fire and then a cement mixer.
Yep, my blog fodder is not quite rail drink-worthy. Anyway…
The latest NLRB decision could provide many fired employees with a huge second bite at the apple.
In a decision issued last week (here), the National Labor Relations Board ruled that “the filing of an employment-related class or collective action by an individual employee is an attempt to initiate, to induce, or to prepare for group action and is therefore conduct protected by Section 7 [of the National Labor Relations Act].” So, for example, if you fire someone for filing a Fair Labor Standards Act lawsuit on behalf of himself and other similarly situated employees, then you’ve violated both the FLSA and the NLRA.
Yes, if an employer actually retaliates in that manner, shame on the company. However, two things pique my interest here:
- An administrative law judge concluded that the employee was fired because he filed a FLSA collective action. By this time, in the federal court action, the parties had barely scratched the surface on taking discovery and the federal court had yet to certify a class. (Ultimately, the FLSA action was settled amicably in federal court, without any finding of liability).
Who win$ di$crimination law$uit$? The lawyer$, of cour$e.
About 3 years ago, after a 6-day trial, a Colorado federal jury concluded that a plaintiff had been retaliated against for participating in a discrimination complaint process. But, the jury didn’t award her much: $14,000 for out-of-pocket expenses, and $5,000 for emotional distress, pain, suffering, embarrassment, humiliation or damages to reputation.
Then, her lawyers filed a motion for attorney’s fees and costs. Continue reading
The limits of addressing mental illness at work
Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough.
Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can disrupt the workplace. And, it can create a big problem where the employee is a threat to himself or others. Continue reading
Consider this approach to the ADA interactive process
Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources.
Save the Family and Medical Leave Act, I get more calls about the ADA from business owners, HR professionals, and decisionmakers, than any other employment law. Continue reading
Know when to fold em, but, especially when you get fired for posing at work in KKK garb and makeshift crosses
I did very good well on my math SATs. But, here’s some simple math:
Fired for posing at work in KKK garb and makeshift crosses + Meyer’s blog fodder = Don’t appeal your race discrimination loss
Continue reading
Coming soon: A new, comprehensive LGBT anti-discrimination bill in Congress
On Monday, I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII. Yesterday, I took up the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.”
On Thursday, make way for the Equality Act, according to Chris Johnson at the Washington Blade (here). Continue reading
New bill in Congress would permit discrimination against unwed moms and promiscuous men
Oh, and it would allow businesses to fire LGBT employees too. Sorry EEOC.
It’s the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.” Continue reading
Why the EEOC’s rebuke of sexual-orientation bias may barely affect your workplace.
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Last Friday, I briefly mentioned the EEOC’s recent decision, in which it concluded that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law that bans employment discrimination based on race, color, religion, national origin, and sex, also forbids discrimination based on sexual orientation (e.g., lesbian, gay, bisexual). The EEOC concluded that sex discrimination also takes into account “sex-based considerations,” which includes sexual orientation. Continue reading