Discrimination and Unlawful Harassment

Meyer(s) on Pending Employment Bills, Social Media, and Slides

April 6, 2012 | by Eric B. Meyer

On Employment Legislation:

Just when you thought you had the employment law landscape figured out, along comes pending legislation that could change everything. From age discrimination claims to workplace flexibility to unionization and labor organizing, new bills in the House and Senate may change the way you run your business. Here I am discussing all that jazz with Stephanie Thomas at the Proactive Employer.

On Social Media:

Is a workplace “English-only” rule legal?

April 5, 2012 | by Eric B. Meyer

Geno's Steaks - Philadelphia, Pennsylvania 6

Unfair treatment because of one’s language may be related to race or national origin discrimination. Indeed, language may be used as a covert basis for discrimination.

But that’s not always so. A recent case and some helpful nuggets on English-only rules after the jump…

Employment discrimination by the numbers: Foreign Edition

April 4, 2012 | by Eric B. Meyer

Now in autotune.

(Betcha didn’t expect that).

Yesterday, we were rapping (without the benefit of autotune) about immigration status and unlawful discrimination and concluded that Title VII of the Civil Rights Act of 1964 does not prohibit workplace discrimination on the basis of immigration status (although national-original discrimination is unlawful). And we know from a super-hot “Fact or Fiction” post last year that Title VII covers Americans who are employed abroad. It was so hot.

Are aliens protected from illegal workplace discrimination?

April 3, 2012 | by Eric B. Meyer

I had this song in my head for about two hours on Sunday.

Then I listened to the Trent Reznor version, ick….

EEOC clarifies ADEA “reasonable factors other than age” defense

March 30, 2012 | by Eric B. Meyer

Thumbnail image for eeoclogo.png Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) issued its “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” (RFOA) under the Age Discrimination in Employment Act of 1967 (ADEA).

Wait, wha, wha, what the heck is an RFOA? (The Cliff Notes versions because, like, you could click on the link above, dudes.)

Can you tell it’s been a long day as I punch out this post? Anyhoo, make with the jump, dawg…

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Distinguishing state & federal disability-accommodation claims

March 20, 2012 | by Eric B. Meyer

Let’s say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD)? What about under the Americans with Disabilities Act (ADA)?

I have two recent cases and two different answers — depending on whether you are in state or federal court, plus some general accomodation tips for employers after the jump…

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4 new employment-law bills now pending in Congress

March 19, 2012 | by Eric B. Meyer

Below are summaries of four pieces of legislation of which employers should take note:

Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of proof for employees to prove age discrimination claims.

National Right to Work Act. Senator Jim DeMint (SC-R) has introduced this bill to “preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.”

Flyer claims Chick-Fil-A asks potential hires about sexual history

March 13, 2012 | by Eric B. Meyer

Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states:

Remember Chick-Fil-A is a Christian company. We strive to have our values reflected in our employees. Please be prepared to discuss your religion, family history, personal relationships etc. upon interviewing. Chick-Fil-A reserves the right to question, in detail, your sexual relationship history. The Bible and Chick-Fil-A, define a traditional relationship as consisting of a man and woman. Anyone living a life of sin need not apply. The Chick-Fil-A Foundation. God, Family, Tradition.

The flyer and video have since gone viral. However, Chick-Fil-A, which has a stated corporate purpose to “glorify God by being a faithful steward of all that is entrusted to us,” responded by posting on the wall of its Facebook Fan page (incidentally, 4,960,921 people “like” Chick-fil-A) that the flyer and video were BS. Given the company’s religious leanings, the comments beneath Chick-Fil-A’s status update are rather polarizing.

More on obesity and ADA discrimination

March 9, 2012 | by Eric B. Meyer

Back in December, I wrote here about a federal court in Louisiana recognizing that a morbidly-obese plaintiff may have a physical impairment which, if it substantially limits one or more major life activities, would bring that plaintiff within the scope of the ADA (the pre-ADAAA version).

As an update to that post, last week, the same Louisiana federal court granted summary judgment, in part, to the EEOC, who was asserting the claim on behalf of the employee. Specifically, the court ruled that the EEOC had affirmatively established that the employee, who was morbidly obese, had a “disability” within the meaning of the ADA.

Disclaimer: I serve as an EEOC mediator.

What’s cookin’ in celeb chef Paula Deen’s kitchen? Discrimination?

March 8, 2012 | by Eric B. Meyer

Allegedly, of course.