Discrimination and Unlawful Harassment

EEOC sues a nonprofit that assists the disabled for, yep, disability discrimination

June 16, 2014 | by Eric B. Meyer

So much for that case of Monday writer’s block…

According to the EEOC’s suit, Disability Network denied a deaf independent living specialist reasonable accommodations and then fired him. For example, the nonprofit refused the employee his requests for TTY equipment, a video phone and the ability to use text messaging, and refused to provide him with alternate accommodations.

If you have questions today about FMLA/ADA leave issues, I’ve got your hook up

June 11, 2014 | by Eric B. Meyer

Thumbnail image for weknownext.png In two weeks, at the SHRM Annual Conference, I’ll be presenting “Meeting the Challenges That Leaves of Absence and Attendance Issues Present Under the FMLA and ADA.”

The good news is that I have 75 minutes of HR greatness planned for my SHRM sesh. The bad news is that my presentation is at 7:00 AM on the day after the #SHRM14 Social Bash at the Hard Rock Cafe.

So, let’s just say ~~“Hey, thanks a lot, SHRM!”~~ that I anticipate an intimate gathering of HR hardcore FMLA/ADAthletes for my spiel.

The firefighter afraid of fighting fires loses his ADA claim. Right, you guys? Right?!?

June 10, 2014 | by Eric B. Meyer

If I could drink up your collective skepticism when it comes to these Americans with Disabilities Act cases…

…I’d need my stomach pumped.

Let’s see. There’s the one about the utilityman who couldn’t climb utility poles, but had an ADA claim against a utility company. And then who can forget the bridge worker with the fear of heights who presented a viable ADA claim? ~~And what about the stripper who feared climbing the stripper pole?~~

Court: Two butt grabs from a male boss would not offend an objectively, reasonable female

June 6, 2014 | by Eric B. Meyer

Welcome to Alabama, where they see your one-grope rule and raise you two grabs of the derriere.

Why? Because, according to this recent federal court opinion, the average female employee would not find getting her ass grabbed twice by a male supervisor to be offensive.

Now remember, that for a woman to prove sexual harassment, she must show five things:

Just how badly did a federal appellate court trash extended leave as a reasonable accommodation?

June 2, 2014 | by Eric B. Meyer

I’m feeling rather charitable this evening as I punch out this post. Maybe it’s the proud feeling of crossing off my bucket list taking my four-year-old son to a Sunday early-bird at the biggest dive bar in South Jersey. (*Bonus points if you can guess the bar).

Well, I’m not sure if “proud” really captures it.

(And before you call DYFS, that’s ~~sour mix~~ pineapple juice).

An ADA accommodation just has to be reasonable — not the employee’s first choice

May 29, 2014 | by Eric B. Meyer

This is my son’s first year playing t-ball. The rules, in case you’re not familiar with them, are simple:

Everybody hits

Everybody (eventually) rounds the bases

Firing a sick employee just before she is FMLA-eligible is very risky

May 22, 2014 | by Eric B. Meyer

So, check this out.

I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November 17.

The company fired her on November 16.

Three employees fired for posing at work in KKK garb and makeshift crosses claim discrimination. Yep.

May 20, 2014 | by Eric B. Meyer

The thing about this law-blogging gig, other than the money, power and women, of course, is the pride of being first to post about a crazy new case.

Last week, I missed out on the nude sunbather who sued an elementary school-employer for retaliation. Well, Jon Hyman at the Ohio Employer’s Law Blog, I see your nude sunbather and raise you two white guys and a native american who dressed as klansmen at work, allowed themselves to be photographed, and then sued for race discrimination. Boom!

Yes, this really happened.

You’ve heard of the “one-free-grope” rule. How about the “two-free-slurs” rule?

May 14, 2014 | by Eric B. Meyer

It was Gloria Steinem who, in discussing President Bill Clinton’s indiscretions with Paula Jones and Kathleen Willey, fashioned the “one free grope” rule. That is, while not condoning President Clinton’s actions, Steinem concluded that one touching is not sexual harassment — at least as a matter law.

Well, yesterday, the Fourth Circuit Court of Appeals, saw Steinem’s “one-free-grope” rule and raised her a “two-free-slurs” rule.

In Boyer-Liberto v. Fontainebleu Corp., (opinion (here), a black plaintiff alleged that her co-worker referred to her as a “porch monkey” twice in two days, from which she claimed to have been subjected to a racially hostile work environment.

Survey shows that working moms earns less, but are satisfied with their jobs

May 9, 2014 | by Eric B. Meyer

This according to this survey released yesterday from CareerBuilder.com.

Working dads who were the sole breadwinners in their household were four times as likely to earn six figures, while working moms who are the sole breadwinners were nearly twice as likely to earn less than $35,000.

However, money may not be everything. That is, 78% of working moms reported they are happy in their current roles at work, with about 2/3rds of working moms having enjoyed the full amount of maternity leave available to them following childbirth.