Discrimination and Unlawful Harassment

Is morbid obesity a disability under federal employment law?

October 10, 2011 | by Eric B. Meyer

Recently, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese.

Is that right? Can being overweight be considered a “disability” under federal law? And, if so, what can companies do to find themselves staring down the barrel of loaded ADA lawsuit? I’ll answer these questions after the jump.

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A little ambiguity creates a BIG retaliation headache for employers

October 7, 2011 | by Eric B. Meyer

Retaliation claims have become the leading cause of action for employees. In fiscal year 2010, retaliation charges filed with the EEOC nationwide accounted for 36.3% of all filings, at 36,258. There are three essential elements of a retaliation claim:

Employee Protected Activity – opposition to discrimination or participation in the statutory complaint process;

Employer Adverse Action – any adverse treatment (beyond a petty slight or a trivial annoyance) that is based on a retaliatory motive and is reasonably likely to deter protected activity; and

Causal Connection – between the protected activity and the adverse action.

What makes retaliation claims so common? Well, it’s not so much because they are are easy for employees to prove. In my opinion, it’s because retaliation claims are tough for employers to disprove prior to trial.

Case in point after the jump…

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Employee drug testing and bashful bladders; it’s a wicked pissah!

October 5, 2011 | by Eric B. Meyer

Your business drug tests job applicants as a condition of employment. What would happen if a male applicant refused to take a urine test because he claimed that he had paruresis, otherwise known as “shy bladder syndrome” or “bashful bladder syndrome”? Would you have to accommodate the applicant with a different type of drug test? Or could you just refuse to hire the applicant?

The EEOC recently addressed this topic and I have the answer — along with some self-deprecation — after the jump…

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Good grief! Hallmark launches line of unemployment cards

September 30, 2011 | by Eric B. Meyer

Mach·i·a·vel·li·an [mak-ee-uh–vel-ee-uhn] adjective

of, like, or befitting Machiavelli.

characterized by subtle or unscrupulous cunning. He resorted to Machiavellian tactics in order to get ahead.

Hot Dog! EEOC accuses eatery of same-sex sexual harassment

September 28, 2011 | by Eric B. Meyer

Frankly, Anthony Weiner ain’t got nothin’ on this Weiner.

The EEOC announced on Monday that it had sued Nu-Way Weiners, one of the oldest hot dog restaurants in the country, on behalf of two female employees. More after the jump…

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Say what?!? Not returning employee calls may be FMLA retaliation

September 27, 2011 | by Eric B. Meyer

An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee? Well, it may not be that easy, as you’ll find out after the jump…

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Fact or Fiction: Some U.S. discrimination laws extend worldwide

September 20, 2011 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”.

https://www.youtube.com/watch?v=WJzuqZEbFHQ

The answer to today’s question is fact.

This old mother****** may just have an age discrimination claim

September 13, 2011 | by Eric B. Meyer

You know what’s not a good business practice for a car dealership? Referring to an older male employee as “old man,” “pops,” and “old mother******” and then steering car sales away from him to younger employees. Age discrimination is serious business, yo.

Details on this gem after the jump…

By The Numbers: Employment laws by total employees

September 12, 2011 | by Eric B. Meyer

With so many employment laws out there, it’s not easy to keep track of what those laws say — let alone under which of them your business may be covered.

Well, who loves ya! After the jump, it’s employment laws by the numbers — number of employees that is — that your business must employ to be covered under certain specific federal employment laws. (I’ll even throw in a few extra state statutes for my PA/NJ/DE readers).

GREAT BIG DISCLAIMER: What you’ll find after the jump are the numerosity requirements for various federal laws. There are a slew of other legal hoops through which your business may need to jump. Be smart. Discuss them with an attorney.

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Uneven discipline can lead to big headaches and bigger lawsuits

September 9, 2011 | by Eric B. Meyer

A longtime employee of the Secretary of State’s office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct.

Is that right? Can a black employee claiming that he was treated differently because of his race compare himself to a white supervisor for purposes of proving his discrimination claim? Find out, after the jump.

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