Articles Posted in Discrimination and Unlawful Harassment

No ADA accommodations required for non-disabled employees

August 29, 2012 | by Eric B. Meyer

Last week, we had a two-part series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. The former clearly obligates employers to afford leave to an eligible employee to care for a sick child. But, what about the latter? That is, must an employer provide leave from work as a reasonable accommodation to an employee to permit her to care for a disabled child?

In a case decided earlier this month (Magnus v. St. Mark United Methodist Church), the Seventh Circuit Court of Appeals held that the ADA does not require employers to provide reasonable accommodations to non-disabled workers.

However, that does not mean that employers have carte blanche to discriminate against employees who must care for disabled loved ones. Here are a couple of other lessons from the Seventh Circuit:

PA: Forced reinstatement of a sexual harasser violates public policy

August 28, 2012 | by Eric B. Meyer

Courts analyzing anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act mandate that employers educate employees about discrimination in the workplace and provide a way for them to complain. Then, once made aware of discrimination in the workplace, the employer must take steps that are reasonably designed to end the discrimination. That could mean anything from a verbal warning up to termination of employment. That decision is up to the employer.

In Phila. Housing Authority v. AFSCME, after investigating a complaint of sexual harassment, a unionized employer with a zero-tolerance policy for sexual harassment fired the alleged harasser. The union subsequently filed a grievance that eventually led to arbitration, at which time the arbitrator deemed the alleged harasser’s behavior to be “lewd, lascivious and extraordinarily perverse.” Notwithstanding, the arbitrator concluded that a verbal warning would have sufficed, rather than termination, and ordered the alleged harasser reinstated and made whole.

On appeal, the PA Supreme Court blasted the arbitrator’s decision, while emphasizing the public policy against unlawful harassment in the workplace.

GUEST POST: FMLA & ADA: Never the twain shall meet? (Part II)

August 23, 2012 | by Eric B. Meyer

Today, Janette Levey Frisch is back as guest blogger to wrap up her two-part series on the interplay between the between the Americans with Disabilities Act and the Family and Medical Leave Act. (You can read Part One here).

Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.

Click through to read more about how the FMLA and ADA may cross paths in your workplace….

(And if this awesome two-part series inspires you to want to guest blog at The Employer Handbook? Email me.)

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GUEST POST: FMLA & ADA: Never the twain shall meet? (Part I)

August 22, 2012 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.

Part one of Janette’s post on the interplay between the Americans with Disabilities Act and the Family and Medical Leave Act, an HR-compliance must-read, follows after the jump…

(Want to guest blog at The Employer Handbook? Email me.)

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D-I-S-M-I-S-S-E-D! Court punts Playboy-posing cheerleader’s bias claims.

August 17, 2012 | by Eric B. Meyer

[If you listen carefully, you can actually hear the sound of page-hits and prurient reader interest cascading at The Employer Handbook. It’s got a little funky Salt n’ Pepa beat to it…]

Last May, I ~~slobbered over~~ blogged here about a former Indianapolis Colts’ cheerleader who sued the team claiming that the Colts discriminated against her on the basis of her race (Asian) and national origin (Indonesian).

Earlier this week, the court ruled on the Colts’ motion to dispose of the case. While I think we can all agree that this sort of hard-hitting blog fodder is better suited for a Monday post, I’m going to blog the heck out of the Court’s decision…after the jump. (It’s a long post, but it’s soooooo worth it).

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Employer wins lawsuit despite a “pattern of systematic sexual harassment”

August 15, 2012 | by Eric B. Meyer

In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a “skank ass bitch.” The New Jersey Superior Court, Appellate Division, described this as a “pattern of systemic sexual harassment” — one in which the alleged harasser appeared to have never received any anti-harassment training.

So, what did the court do? It affirmed summary judgment for the employer and dismissed the plaintiff’s Complaint.

What?!?

Find out why, after the jump…

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Appeals court revives disability bias claims of one-handed bus driver

August 9, 2012 | by Eric B. Meyer

Tammy Rosebrough was born without a left hand. In September 2007, she applied for a cook position at Buckeye Valley North High School. However, due to a shortage of bus drivers, the school encouraged Rosebrough to become a bus driver. Rosebrough accepted.

Rosebrough claimed that, during her training, her trainer made discriminatory comments to her about her disability on two separate occasions. Rosebrough reported the comments and was informed that her concerns would be addressed.

Later, during her training, Rosebrough was informed that she would need a commerical driver’s license (CDL). She scheduled a CDL test with the State, but later cancelled when her trainer was unavailable to take her to the test. Over the next several months, Rosebrough contacted several other testing centers and school districts but learned she could only be trained by the school district that ultimately hired her. Rosebrough never contacted Buckeye Valley again to return and finish her training.

What do Ravishing Rick Rude and sex discrimination have in common?

August 8, 2012 | by Eric B. Meyer

A federal court described Charles “Chuck” Wolfe, a crew superintendent in of an all-male construction crew, as a “world-class trash talker” and a “master of vulgarity.” One of the members of Wolfe’s crew was Kerry Woods, a straight male. Woods claimed that his supervisor, Wolfe another straight man, had engaged in unlawful “same sex” harassment, in violation of Title VII of the Civil Rights Act of 1964, by referring to him in “raw homophobic epithets and lewd gestures.”

A jury heard Woods’s claims and awarded him nearly $500,000. The Fifth Circuit Court of Appeals heard the employer’s appeal, threw out the jury award, and dismissed the complaint (in this opinion).

Why? Find out after the jump…

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A scary NLRB decision threatening the integrity of workplace investigations

August 1, 2012 | by Eric B. Meyer

HR heads are still spinning as they try to digest what the National Labor Relations Board has tried to accomplish this year.

The Acting General Counsel has issued confusing reports on social media. The Board has also attempted to create quickie union elections, and require companies to abide by a union-poster rule. Why, just a few weeks ago, the Board ruled that an “at will” provision in an employee handbook may violate the National Labor Relations Act. That one is still a head-scratcher for me.

But the National Labor Relations Board has really stepped in it again, dealing another crushing blow to HR. I think you’ll agree with me when you read on after the jump…

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You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.