Discrimination and Unlawful Harassment

Booze, wild beaver, and a pregnant bartender. What!

March 25, 2011 | by Eric B. Meyer

Congratulations!

Because you are reading this post, you somehow made it past your company’s internet firewall. That, or you’re a horny perv, Googling some effed-up search terms. But I’m a lawyer; I don’t judge.

Either way, continue reading.

After the jump, it’s the female bartender/server who is now suing her employer, the Wild Beaver Saloon, *** borderline-NSFW link *** because she claims they fired her for getting pregnant!

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EEOC releases final ADA Amendments Act regulations

March 24, 2011 | by Eric B. Meyer

Hot off the press!

The EEOC has released its final ADA Amendments Act regulations. You can read the press release and get a copy of the regulations here.

For some prior posts at https://www.theemployerhandbook.com about the ADA, ADAAA, and the supporting regulations, click here and here.

File this Supreme Court decision under “R” for RETALIATION

March 23, 2011 | by Eric B. Meyer

Thumbnail image for Supreme Court.jpg In a 6-2 decision, the Supreme Court held yesterday that a company may not retaliate against an employee who orally “filed a complaint” about perceived Fair Labor Standards Act (FLSA) violations.

After the jump, I’ll break down this decision, just what it means to orally file a complaint, and the impact yesterday’s decision will have on employers.

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When sexting 64 times in 2 1/2 hours ISN’T sexual harassment

March 16, 2011 | by Eric B. Meyer

Beginning in October 2007, a doctor at a chiropractic practice repeatedly sent lewd and sexually offensive text messages at all hours of the day and night to his receptionist in which he requested sexual favors and made lewd comments such as:

“suck me beautiful,”
“I’m so @#$%^,”
“U want to fuck on my desk,”
“I want to fuck u do u want to? Let’s make it saucy,” and
“Come and suck it and I will feel better.”

The receptionist sued her employer for, among other things, sexual harassment…and lost!

Find out how, after the jump.

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Prepare for the new federal rules on public accommodations

March 7, 2011 | by Eric B. Meyer

On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public.

To find out out whether YOU may be covered and, if so, what your obligations are, click here.

U.S. Supreme Court green-lights even MORE discrimination claims

March 2, 2011 | by Eric B. Meyer

Thumbnail image for Supreme Court.jpg Just over a month ago, the Supreme Court unanimously held that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same “zone of interest” as another employee who complains about unlawful harassment in the workplace.

Yesterday, in an opinion written by Justice Antonin Scalia, the Court in Staub v. Proctor Hospital once again unanimously made it easier for individuals to pursue discrimination claims against their current and former employers. You can read a copy of the Court’s opinion here.

My analysis and the immediate impact this opinion will have on employers after the jump.

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Unemployed applicant + no job offer = discrimination?!?

February 28, 2011 | by Eric B. Meyer

In a public meeting last week, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of employers considering only those currently employed for job vacancies.

Do those employers who won’t consider unemployed individuals for vacant positions engage in unlawful discrimination?

Find out, after the jump (or just watch my baby son dunk like Blake Griffin — slow to load, but worth the wait)…

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Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

What do social media, genetics and the NFL have in common?

February 15, 2011 | by Eric B. Meyer

Nothing really. But I needed to combine three topics into one quick blog post.

On Genetics

I will be presenting a webinar tomorrow (2/16) at 1:30 PM EST on how the Genetic Information Nondiscrimination Act will affect your company. If you had to click on the hyperlink, then you probably should sign up for the webinar. You can learn more about the webinar here.

What to do when a disabled employee requests an accommodation at work

February 7, 2011 | by Eric B. Meyer

Recently, my friend Sharlyn Lauby, owner and sole proprietor of the HR Bartender Blog invited me to weigh in on a reader question about accommodations under the Americans with Disabilities Act. The reader, who is completely deaf, began developing neck pain at work because, the way her desk was positioned, she would constantly have to turn her head to hear anything people would say to her. Although she voiced her concerns to her boss, he just ignored her.

Unfortunately, this is not an uncommon situation. What should employees and employers do in this situation? Check out this post from the HR Bartender to find out.

Other helpful resources: