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The Employer Handbook BlogPreferring to hire women instead of men, yeah, that’s called discrimination
Unless, of course, you’re filling server positions at Hooters. But, I’m not going there today.
Articles Posted in Discrimination and Unlawful Harassment
Yes, employees can fight workplace harassment with social media
It’s almost 2016.
By now, who among us: the lawyers, the HR professionals, the owners (Hi there, Mark Cuban, thanks for reading again today), has yet to deal with an allegation of workplace harassment involving social media. Why, just yesterday, I read about an employee who lost his job for going on Facebook and calling a woman — albeit not a female co-worker — a “slut.”
But, how many of us have explored ways that our employees can use social media to address concerns about workplace harassment?
Don’t let ADA stereotypes do to you what they did to this company
There are certain stereotypes that accurately reflect an image held in common for members of a group.
For example, employment-law bloggers who practice law in Philadelphia and blog from their bloggerdomes in Southern New Jersey are generally handsome, erudite, and more appealing than a hipster drinking Pabst Blue Ribbon at a beard and vinyl convention. Many excel at fantasy football too. Many consider them the Illuminati to the Illuminati.
But I digress…
Did USC’s alcohol-related firing of its former head football coach violate the law?
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?
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?
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.
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
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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?!?!
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
