Discrimination and Unlawful Harassment

Placing do-not-hire notes in personnel files of employees who file EEOC charges is dumb

November 12, 2013 | by Eric B. Meyer

If I ever handled a plaintiff’s case again, at deposition, I would be sure to take a page out of the playbook of Texas employment lawyer, Mike Maslanka:

Ask the manager who decided to fire the plaintiff whether he’s eligible for re-hire. An unprepared manager might blurt out, “Of course not; he’s suing us.” Say hello to a retaliation claim.

I thought of Mike as I read this recent Texas Court of Appeals case about an employer that admitted at trial that, its receipt of EEOC right to sue letters “prompted” it to place the following notes on the Charging Parties’ personnel files:

The ADA still requires a plaintiff to show that he has a “disability”

November 11, 2013 | by Eric B. Meyer

When the Americans with Disabilities Act Amendments Act (“ADAAA”) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (“ADA”) emphasized construing the definition of “disability” to provide broad coverage of individuals to the maximum extent permitted by the terms of the ADA.

In other words, nowadays we’re all disabled.

However, if you’re going to take your employer to trial on a disability discrimination claim, you still need to show a “disability.”

ENDA — a bill banning LGBT workplace discrimination — passes the Senate

November 8, 2013 | by Eric B. Meyer

Thumbnail image for rainbowflag.jpg And it wasn’t close at all.

By a final vote of 64-32, the Employment Non-Discrimination Act, also known as ENDA, passed the Senate on Thursday.

All 52 Democrats, plus 2 Independents and 10 Republicans voted in favor of the bill. Among the notable yes votes was Pennsylvania Senator Pat Toomey (R). Indeed, minutes before voting yes on ENDA, Senator Toomey saw his proposed amendment to the bill, which would have created exceptions for certain religious groups, defeated.

No pants in the office leads to sexual harassment claims, you guys.

November 6, 2013 | by Eric B. Meyer

i·ro·ny (noun)

/ˈīrənē,ˈiərnē/

1. the expression of one’s meaning by using language that normally signifies the opposite, typically for humorous or emphatic effect.

Senate on the brink of approving bill to improve LGBT workplace rights

November 5, 2013 | by Eric B. Meyer

Thumbnail image for CapitolHill.jpg

Earlier this week, I blogged about Senator Harry Reid (D-NV) promising that the Senate would take up the Employment Non-Discrimination Act.

Yesterday, the Senate obtained enough support to put ENDA to a full vote. Every Senate Democrat agreed to press forward. And even some Republicans helped get the bill to cloture, most notably conservatives Orrin Hatch (R-UT) and Dean Heller (R-Nev.), who announced on Monday that he would back ENDA. With 60 members of the Senate supporting ENDA, the matter is ripe for a vote.

However, while it appear likely at ENDA will make it through the Senate, passage in the House is another story. Concerned with the impact ENDA may have on American businesses, House Majority Leader John Boehner reconfirmed yesterday that he would oppose the bill.

Let’s play: What did Senator Harry Reid say to affect your workplace?

October 30, 2013 | by Eric B. Meyer

Earlier this week, Senator Harry Reid (D-NV) offered some pointed remarks from the Senate floor. He blasted “radical Tea Party Republicans,” lambasted “mainstream Republican colleagues, who remained silent even as the anarchists among us committed political malpractice,” and then proclaimed, “This work period, the Senate will consider the…”

a. “…Twerk for Work Act, which would provide incentives to employers who hire unemployed Miley Cyrus wannabes who shake what their mamas gave them.”

b. “…Fox; specifically, a bipartisan effort to learn what does the Fox say?”

Philadelphia bill would require companies to accommodate pregnant employees

October 29, 2013 | by Eric B. Meyer

Last week, I brought you this news of a bill pending in New Jersey, requiring employers to make available reasonable accommodation for pregnancy-related needs when requested by the employee with the advice of her physician.

Yesterday, I read this article in The Legal Intelligencer about this potential amendment to Philadelphia’s Fair Practices Ordinance, which too would require employers to make reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition.

What, you may ask, do the bill’s sponsors have in mind for reasonable accommodation?

How not to respond when an employee complains about sexual harassment

October 25, 2013 | by Eric B. Meyer

If true, well then, good gawd, this!

Court rules that company need not allow mass unscheduled prayer breaks

October 24, 2013 | by Eric B. Meyer

We’re talking religious accommodations here at the ole Handbook.

Last week, it was the Mark of the Beast. Before that, we explored Ramadan bagel parties.

Today, we’re sticking with the Ramadan theme. Unfortunately, I don’t know any Ramadan tunes to soundtrack this post. So, let’s just go with Christian rock.

New NJ bill targets pregnancy and childbirth discrimination

October 22, 2013 | by Eric B. Meyer

New Jersey is the home of deep fried hot dogs and the Law Against Discrimination, one of the most employee-friendly anti-discrimination statutes in the country. Here, pregnant employees can order a ripper with relish at Rutt’s Hut, but, somehow, are not entitled to preferential leave treatment in the workplace.

However, a new bill pending in the NJ Senate would change all that.

Not the hot dogs, silly. They rule. You know what doesn’t rule? Leaving a quart of Rutt’s Hut relish in the backseat of your buddy’s car overnight during a high-90s Summer heat wave. Sorry, dude.