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The Employer Handbook BlogUSERRA + ADAAA = 11 letters and many more HR issues
Quick quiz:
- What protections does the ADA provide to veterans with disabilities?
- When is a veteran with a service-connected disability protected by the ADA?
Articles Posted in Discrimination and Unlawful Harassment
But, you see judge, it was only “exotic dancer” harassment…
I’ve come up with some pretty creative defenses to unlawful harassment. Usually, however, before I file a pleading, I take out my trusty red pen iPad and delete those arguments that are just so outrageous that I feel my client will lose credibility with the court.
But that’s just me.
After the jump, I have a recent federal-court decision in which a Maryland grocery claimed that the [alleged] relentless sexual harassment of a female employee by the store’s male manager wasn’t “sexual harassment” — that would be illegal. Rather, it was “exotic dancer” harassment.
That’s pretty creative, alright.
Oh boy…
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The ADA does not force employers to provide indefinite leave
Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October.
This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a “leave of absence may be a reasonable accommodation [under the Americans with Disabilities Act]”, the employee must provide a reasonable estimate of the amount work that will be missed. “Conversely, when the employee seeks leave, but it is uncertain if or when he will be able to return to work, a leave of absence is not a reasonable accommodation.”
Supervisor’s advice to sexually-harassed employee: “Pray…”
Worst. advice. ever.
More on this doozy involving two Denny’s waitresses after the jump…
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A recap of yesterday’s EEOC meeting on pregnancy discrimination
My loyal readers know that yesterday the U.S. Equal Employment Opportunity Commission held a public meeting to discuss pregnancy discrimination and caregiver issues.
Conversely, my disloyal readers can go to hell. No, no, I forgive you. Just send me a check and we’ll call it even.
*** Takes meds ***
*** Flashes Men In Black red light ***
Ah, yes, pregnancy discrimination. Click through for a summary of what happened at yesterday’s EEOC meeting…
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EEOC to meet today to discuss pregnancy discrimination
The U.S. Equal Employment Opportunity Commission (EEOC) will hold a public meeting on the subject of pregnancy discrimination and caregiver issues at 9:30 a.m. today in Washington, DC. If you are in the area, feel free to stop by. The meeting is open to the public.
https://www.youtube.com/watch?v=99j0zLuNhi8
According to this press release, the Commission will examine “recent trends in discrimination against pregnant workers and workers with caregiving responsibilities, examining these two forms of discrimination as a continuum.”
Pedophilia as a disability?!? #Vomit
Yesterday, Greece came through with a long-awaited economic reform deal. Congratulations to them.
What I want to know, however, is what the heck the Greek government was thinking when it recently expanded a list of state-recognized disability categories to include pedophiles, exhibitionists and kleptomaniacs. Bailout money back, please.
At Res Ipsa Loquitor, Jonathan Turley notes that the Greek government already recognizes pyromaniacs, compulsive gamblers, fetishists and sadomasochists as persons entitled to ask for government assistance.
Adultery + “distressing” text messages = no sexual harassment
Hey there, Casanova. Dontchaknow that the victim always keeps the text messages? Always! But does the victim win the sexual-harassment case about which I am blogging after the jump? Hint: no.
Oh, come on! Don’t let that deter you! Click through anyway to pad my hit count and because you know I have the rest of the text messages and all of the dirty deets from a recent Bible Belt federal-court decision.
See you on the other side…
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What box got checked most at the EEOC in 2011?
For the second year in a row, it was retaliation. Of the nearly 100,000 Charges of Discrimination that employees filed with the EEOC in 2011, retaliation claims accounted for just over 37% of them. Race claims were just behind at 35.4%. Sex was third at 28.5%.
A complete breakdown of 2011 EEOC charge statistics can be found here.
Pepsi and Criminal Background Checks: Beyond the Buzz
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.
Janette’s post on criminal background checks, which includes some best practices for employers, follows after the jump…
(Want to guest blog at The Employer Handbook? Email me.)
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