Discrimination and Unlawful Harassment

New Jersey: No Adverse Employment Action Required for a Failure to Accommodate Disability Claim

September 17, 2010 | by Eric B. Meyer

There are plenty of good reasons that plaintiff’s lawyers heart the New Jersey Law Against Discrimination (NJLAD). It has a wide scope of coverage for employees with disabilities. It’s remedial purposes are incredibly broad. A plaintiff can go directly to court with a claim under the NJLAD without vetting it with a state administrative agency first. A plaintiff can stay out of federal court where the odds of losing on an employment discrimination case on summary judgment are much higher than they are in state court.

As if the plaintiff’s bar didn’t need any further reasons to love the NJLAD.

Well, here’s one more…

Should employers monitor Facebook use of second-chance offenders?

September 12, 2010 | by Eric B. Meyer

A few weeks ago, I came across an article by Terrence O’Brien on switched.com, “Facebook ‘Subscribe to’ Feature Lets You Follow Your Friend’s Every Move.”

Facebook is testing a new feature that lets you subscribe to a specific user’s content. In practice, this means receiving a notification every time that user updates their status, posts a new photo, link, video or note, and Mashable aptly dubs it the ‘Stalker Button.’ Taken at face value, this would appear to be a direct answer to the ability to “follow” a user on Twitter…

after the jump…

Is it sexual harassment if a visitor masturbates in the office?

September 12, 2010 | by Eric B. Meyer

So far, I love Justia.
Not only have they designed and set me up with The Employer Handbook,
but every week I get an email from them suggesting labor and employment
law stories that would make great blog posts.

Its storybook time, folks. Let’s read the juicy complaint together after the jump

In PA, NJ, and DE, when does religious expression take a backseat to workplace safety?

September 8, 2010 | by Eric B. Meyer

Your employee wears a head-covering. The employee’s head-covering is part of her religious practice.

You’re not one to interfere with an employee’s religious expressions, but you’re concerned that this head-covering creates a safety risk for both the employee and others. And maybe you run a prison and the head-covering could be used to smuggle in contraband.

After jump, I have some practice tips for you.
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Gary Oldman Would Have Trouble Landing A Security Job

September 7, 2010 | by Eric B. Meyer

Quick! Name three people with dreadlocks.

Easy.

Gary Oldman as Drexl Spivey in “True Romance”
Jon Favreau as Gutter in “PCU”
Bob Marley

Of the three, how many practice the Rastafarian religion?

How the hell does this relate to employment law..let alone a security job? Find out after the jump…

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Third Circuit Employment Law 101: Constructive Discharge

September 7, 2010 | by Eric B. Meyer

In some cases, a plaintiff will argue as part of his Title VII discrimination action that his former employer didn’t fire him. But rather he was constructively discharged. That’s fancy speak for being forced to resign.
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Third Circuit Employment Law 101: Quid Pro Quo Harassment

September 7, 2010 | by Eric B. Meyer

Robert Rank-And-File, an employee of Pennsylvania-New Jersey-Delaware, Inc., claims that Sally Supervisor told him, “Sleep with me, or you’re fired!” Robert declines Sally’s advances only to have Sally fire him. If Robert decides to pursue an action under Title VII against Pennsylvania-New Jersey-Delaware, Inc., how can he prevail at trial?
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Third Circuit Employment Law 101: ADA Mixed-Motive Disparate Impact Claims

September 7, 2010 | by Eric B. Meyer

Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled.

I’ll show you after the jump.
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Third Circuit Employment Law 101: ADA Defenses – Direct Threat

September 7, 2010 | by Eric B. Meyer

Can an employer terminate a disabled employee because accommodating the employee would create a significant risk of substantial harm to the employee or others in the workplace?

Third Circuit Employment Law 101: What is a Bona Fide Occupational Qualification?

September 7, 2010 | by Eric B. Meyer

Ever been to a Gentlemen’s Club?

(Pause…)

(Wait for it…)

Me neither. But I hear that dancers tend to have a few physical characteristics in common. Or how about a Chinese restaurant? Ever notice that the employees are all…Chinese? Is that why my job applications always end up in the circular file?

Ladies and gentlemen. After the jump, may I present to you: the BFOQ.