Discrimination and Unlawful Harassment

The most cockamamie excuse evah for firing a pregnant employee

June 13, 2013 | by Eric B. Meyer

When it comes to reasons for firing employees, I’ve heard some good ones in my day — and by good, I mean legitimate.

Conversely, the excuse I just read in the Seventh Circuit’s opinion in Hitchcock v. Angel Corps., Inc., a case involving a pregnancy discrimination claim, may be the worst. The worst one ever.

Angel Corps and its management staff feel that as a result of [the plaintiff’s] actions she compromised the health and safety of this client. According to policy and procedure this action will result in an immediate termination.

“What do you mean, ‘you people’?”

June 7, 2013 | by Eric B. Meyer

Trouble in the workplace; funny in the jungle.

Not for Teacher: Court denies request to miss Tuesdays for Sabbath

June 6, 2013 | by Eric B. Meyer

Bad Van Halen pun aside, let’s play some Skynyrd. Even Waldo agrees.

So, there was this woman in Louisiana who took a teaching position at an elementary school. You know the kind; one that operates on weekdays. And, around her start date, she asked the administration for Tuesdays off to pray and observe her Sabbath. And the administration was all like, no.

So, a month later, the teacher filed a Charge of Discrimination with the EEOC, claiming religious discrimination for failure to accommodate.

Tough HR issues: ADA and extending a leave of absence

June 5, 2013 | by Eric B. Meyer

Alright smarties. One of ABC Company’s employees suffers from post-partum depression. She’s been out of work for over a month, and the company wants to replace her. But, first, it wants your advice.

Read all the facts below:

Emily Employee is an HR Coordinator at ABC Company. ABC provides short-term disability benefits for regular full-time employee like Emily. Last year, Emily began a 12-week maternity leave under the FMLA, during which time she received STD benefits. She returned to work with no restrictions.

Firing a woman for lactating at work is against the law

June 4, 2013 | by Eric B. Meyer

Allow me to be serious for a moment…

Moment’s passed, eh? Ok. Let me bring it back…

Last week, the Fifth Circuit Court of Appeals ruled (here) that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the Civil Rights Act of 1964 (Title VII).

Supreme Court passes on ADA transfer accommodation case

June 3, 2013 | by Eric B. Meyer

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Here’s the scenario: You have a disabled employee who seeks an accommodation. Mindful of the Americans with Disabilities Act, and being the compliant company that you are, you engage that employee in an interactive dialogue to discuss reasonable accommodations — options to allow the employee to perform the essential functions of the position.

Ah yes! You recall that there is another vacant position for which the employee is qualified — albeit barely. That’s a reasonable accommodation. But, oh no! You remember seeing the resume of the perfect candidate for that position.

Question: If there is no other reasonable accommodation available, do you have to offer that open position to the barely-qualified disabled employee? Or can you fill the position with the more qualified candidate?

I’ll discuss after the jump…

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Employee alleges he got the “Office Space,” claims age discrimination

May 31, 2013 | by Eric B. Meyer

If the movie “Office Space” has taught me anything, it’s to wear 37 pieces of flair to work — do more than the bare minimum — and to use a cover sheet with my TPS reports.

And never mess with a man’s stapler. That too. Especially when you’re also moving the man’s desk four times and sending him to the basement. Because that could be age discrimination.

No, seriously. I was reading this decision from the United States District Court for the Eastern District of Pennsylvania. It involves claim of age discrimination where, the over-40 plaintiff claimed that he was “functionally replaced” by an employee who was substantially younger than him.

EEOC talks employer wellness programs; provides an ADA Q&A

May 23, 2013 | by Eric B. Meyer

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Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities Act applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. You can find links to that revised guidance here.

And earlier in the month, the EEOC held a public meeting on employer wellness programs and how they may be impacted by not only the ADA, but also the Genetic Information Non-Discrimination Act (GINA). You can view a copy of the press release here. Suffice it to say that, until the EEOC offers further guidance on these issues — and even when it does — consult with an employment lawyer before implementing or updating one of these programs.

Ha Ha! You pulled my pants down! Now I’m suing you for sexual harassment.

May 22, 2013 | by Eric B. Meyer

When offering respect in the workplace training for employees and supervisors, I emphasize that an employee who laughs at sex jokes in the workplace is the same employee who may later sue for sexual harassment.

Like Little Ladner did.

(Yes, Little Ladner)

More after the jump…

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Horniest boss ever? His employee still can’t prove sexual harassment.

May 13, 2013 | by Eric B. Meyer

I’ve been searching for gold recently. So, I knew I was on to something good when I started reading this opinion last week, and wasn’t sure whether what I was reading was a sexual harassment case or a porno script.

~~What can I say? I like the plots.~~

Folks, if you click through, I promise you a great read after the jump…

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