Discrimination and Unlawful Harassment

This is my new go-to social-media-discovery judicial opinion

January 8, 2013 | by Eric B. Meyer

I assure you that what inspired this post had nothing to do with the facts of the case; namely:

the female plaintiff claiming that her female-lawyer boss groped her; or

the plantiff’s Facebook posts about pole-dancing and calling her breasts “milk factories”.

That’s all purely coincidental. Indeed, it sounds like something out of Costanza’s desk drawer.

Actually, I’m posting this to share a very well-reasoned social-media-discovery judicial opinion that is a big win for employers. You’ll see what I mean after the jump…

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Religious accommodation required for an employee’s veganism? Maybe.

January 4, 2013 | by Eric B. Meyer

“Well, blow me down. Wimpy inspires a UK fast food chain,
and all I get is this crappy can. Why I oughta…“

In anticipation of the current flu season, you decided to mandate that all employees get immunized. The problem is that one of your employees, a vegan, who won’t ingest any animal or animal by-products — especially not the microwaveable scrapple-wrapped tripe pops I keep in the lunchroom freezer — refuses to get a flu shot because it’s against her religious and philosophical beliefs.

What’s her religion, you ask? Why veganism, of course.

With employers like THIS, it’s gonna be a busy 2013 for the lawyers.

January 2, 2013 | by Eric B. Meyer

Same s**t; different year.

In 2010, an Ohio temp agency paid $650K as part of a Consent Agreement with the EEOC to settle claims that it had used code words in considering and assigning (or declining) job applicants. The code include words such as “chocolate cupcake” for young African American women, “hockey player” for young white males, “figure skater” for white females, “basketball player” for black males, and “small hands” for women in general.

Fast forward…

It’s legal to fire a female employee because of her “irresistible attraction”

December 27, 2012 | by Eric B. Meyer

Cue music.

Last week, a unanimous Iowa Supreme Court held (here) that it was ok for a male boss to fire a female employee — a model employee — out of concern that he would eventually succumb and do things with her that could jeopardize his marriage.

That has to be gender discrimination!

Federal employee receives a 5-page written warning for . . . farting?!?

December 26, 2012 | by Eric B. Meyer

The Employer Handbook generally likes to end the year on a classy, high note. Consequently….

The Smoking Gun reports here that, earlier this month, the Social Security Administration issued this 5-page formal reprimand to an employee for his “awful and unpleasant” flatulence.

{As opposed to my ambrosial flatulence. So lovely.}

6 EEOC priorities over the next 4 years and the impact on your business

December 21, 2012 | by Eric B. Meyer

Thumbnail image for eeoclogo.png

Thus far, you’ve managed to keep your equal-employment-opportunity nose clean. Good for you. In fact, with the economy the way it is, combined with the dwindling resources available to our federal agencies — including the U.S. Equal Employment Opportunity Commission — your odds of facing a federal investigation based on a complaint of discrimination or harassment are fairly slim.

But…

On Tuesday, the EEOC announced its Strategic Enforcement Plan. And within that plan, you’ll find six areas of EEOC focus over the next four years:

Swine flu as an ADA disability? What would Ozzy and Sharon say?

December 20, 2012 | by Eric B. Meyer

“Oy, Sharon! Will you help me out here?”

“Come on, Ozzy! Yellow in the front, brown in —.”

“Bloody hell, Sharon! I’m trying to comprehend this federal court decision from the District of Minnesota.”

Does the law require transfers for employees seeking medical treatment?

December 18, 2012 | by Eric B. Meyer

You have an employee who hurts herself on the job and becomes disabled. Although she recovers to the point where she can perform the essential functions of her position without the need for accommodation, she requests a transfer to another one of your facilities so that she has better access to ongoing medical treatment.

Does the law require you to grant that transfer?

In this recent case (Sanchez v. Vilsack), the Tenth Circuit Court of Appeals ruled that the Rehabilitation Act, which prohibits discrimination in federal employment, and courts interpret like the Americans with Disabilities Act, may require this.

I can’t believe you missed these workplace blockbusters, you guys!

December 5, 2012 | by Eric B. Meyer

Translation: Recent HR / employment law developments that Meyer missed a/k/a Meyer needs to clear out his folder of bookmarked employment-law items to make room for his ~~dork~~ ~~dorkier~~ Fantasy Baseball bookmarks. Pitchers and catchers report in just over two months.

More courts weigh in on social-media discovery issues. “Good news. My doctor says that the itching and redness should subside in a few days.” Recent court decisions (here and here) roadmap how you can access this and other Facebook status updates from your former employee who is now suing you. Have fun with that.

Other social-media-related litigation. A firefighter, allegedly terminated for critical Facebook comments, has settled his wrongful discharge claim (here). Facebook posts doom another employee’s FMLA claims (here). The National Labor Relations Board crapped all over another employer’s social-media policy (here). Choking back laughter (at least that’s how I envision it), a Massachusetts Court denied ~~another~~ (the first ever?) hair salon’s claim that a former stylist’s job posting on Facebook violated a non-solicitation agreement agreement (here).

EEOC: Bar claimed males like their Sunday servers sans embryo

December 4, 2012 | by Eric B. Meyer

*** Googles “sans,” wipes brow while sighing in relief ***

I’m not aware of any studies or surveys that the Sandbar Mexican Grill conducted on this subject. Instead, I imagine something like this:

Sandbar Customer: “Two please.”

Sandbar Manager: “Sure. But before I seat you, do you see that bartender over there? She’s *gasp* pregnant. That’s why we have her behind the bar, instead of in your face distracting you from watching the Arizona Cardinals, losers of eight in a row. Given that it’s Football Sunday, we even raised the bar an extra foot just in case her fetus is sitting high. And, as an extra precaution, we have a curtain between the bar and the employee bathroom so that you won’t have to avert your eyes should nature call. We used to have a bucket behind the bar for her, but our lawyers frowned on that. Really, what am I saying is, should we just fire her? Uh, fellas?!? Come back! I’ll make the other servers pee on sticks. Don’t run away! I assure you, it’s EPT; not that ClearBlue crap! Come one guys! Half-price Vodka/Rock Stars! Fellas!