Discrimination and Unlawful Harassment

Who are YOU to tell ME that I’m not offended by sexual harassment?!?

January 16, 2013 | by Eric B. Meyer

The original working title for the post was “The Third Circuit takes a deuce on my ‘Pottymouths’ post.” I meant it in the figurative sense. Otherwise, I would be at a loss for words with IT.

More so than usual…

{Napalms browser history}

But, fortunately, good taste and high morals — we’re all about that here at the Handbook {cough} {fart} — prevailed.

Click through to see what a federal appellate court had to say about whether a female plaintiff with an apparent propensity for the cursey-cursey may successfully pursue her sexual-harassment claims.

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HOW TO: Properly address disability accommodation when hiring

January 15, 2013 | by Eric B. Meyer

I was reading this federal court opinion over the weekend. It involves a disability-discrimination claim brought by a deaf man who applied to become a lifeguard at a county pool, but didn’t get the job because the county thought his disability would compromise swimmer safety. Plus, the town was not convinced that it could accommodate the deaf applicant because it couldn’t be 100% certain that he could safely be on the lifeguard stand alone, without someone constantly by his side.

Folks, I’m guilty.

I’ll admit, that when I started reading this opinion, I immediately jumped to the same conclusion as the county-defendant. How could it possibly be safe to employ a deaf lifeguard?

ADA reasonable accommodations for these Looney Tunes

January 11, 2013 | by Eric B. Meyer

Medical Afflictions of the Cartoon World

Where did you think I was going with this post?

(And you call yourselves Human Resource professionals).

Just kidding. You know I love you.

Court countenances canning complainers of consensual canoodling

January 10, 2013 | by Eric B. Meyer

In Centucky Kentucky, it’s not retaliation to fire employees who complain about sexual favoritism.

Then again making apple-pie moonshine and using a butcher cleaver to slice off the arm of a Detroit gangster isn’t frowned upon either. At least, that’s what watching Justified teaches me.

But even in Kentucky, they have laws. No, it’s true.

After the jump, you’ll see a KY federal court’s rationale for the latest sexual-favoritism ruling. And I’ll provide some tips for dealing with employees who complain about cushy assignments given to employees who get freaky with management.

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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: