Discrimination and Unlawful Harassment

Nothing good comes of forcing employees to go to brothels

December 19, 2011 | by Eric B. Meyer

And, then, there are those that allegedly do. It is on those occasions that this blog can practically write itself.

Take, for example, AutoNation. According to a complaint recently filed in California state court — well, let’s just say that AutoNation better have some good lawyers.

A copy of the complaint and some crazazy unlawful harassment — allegedly, of course — follows after the jump. Along with a few employer tips on same-sex harassment.

* * *

Can an employer discriminate against an obese employee?

December 12, 2011 | by Eric B. Meyer

There is no federal law that specifically prohibits obesity discrimination. But is the Americans with Disabilities Act broad enough to cover discrimination against the obese? Well, if you read my blog regularly — Hi Dad! — you know that a hyper-obese Homer Simpson is not disabled, but this 680-pound Texas may be. So, we need a tiebreaker! And, it just so happens that I have one, after the jump…

* * *

What are the consequences of ignoring a written handbook policy?

December 9, 2011 | by Eric B. Meyer

What’s the point of having a written handbook policy if you aren’t going to follow it? Better yet, what are the consequences of not following that handbook policy?

(Hint: they’re bad).

Find out why after the jump…

* * *

Will ya just retire already? No, but I’ll sue for age discrimination.

December 8, 2011 | by Eric B. Meyer

Back in August, I blogged about a case where a federal court held that an employer inquiring about an employee’s retirement plans, alone, does not discriminate on the basis of age. But what about relentlessly browbeating a plaintiff into retiring? Could that be age discrimination? What do you think, Brett? Find out after the jump…

* * *

Older employees who share porn at work lose age bias claims

December 5, 2011 | by Eric B. Meyer

Your employees view pornography. Well, some of them do.

I know this may be a shock to some. And if you are one of those people, and you run a business in one of the mid-Atlantic states, give me a call. We should talk sometime. Then, I’ll hit you over the head with a proverbial tack-hammer.

Until then, over the next two days, I’ll address two recent examples of where nekkid pix caused employees to lose lawsuits against their former employers. The first case — an age discrimination matter — follows after the jump

* * *

U.S. employees had a lot of discrimination claims is FY2011

November 18, 2011 | by Eric B. Meyer

How many claims were filed? And how much money did the U.S. Equal Employment Opportunity Commission recover for individuals? Find out after the jump…

* * *

Post-employment acts don’t create a hostile work environment

November 11, 2011 | by Eric B. Meyer

When Krysten Overly, a financial advisor at a bank, told her male boss that she was resigning, Overly claims that he grabbed Overly’s arm to push her out the door. And as Overly left her boss’s office, he yelled, “Good riddance, bitch!”

What a jerk! But, as a matter of law, did he contribute to a sexually harassing hostile work environment? Find out after the jump…

* * *

Fact or Fiction: A hostile work environment requires bad motives

November 3, 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”. So, let’s get right to today’s question:

If a former employee sues for discrimination, claiming to have been subjected to a hostile work environment, must the employee prove that the harasser acted with bad intentions? Put another way, if the harasser was just joking around, does the plaintiff lose the case?

No way! FICTION!!!

Herman Cain, sexual harassment, and 10 lessons for employers

November 1, 2011 | by Eric B. Meyer

Speak into a microphone and point one finger in the air if your Halloween completely sucked.

Politico has reported that the National Restaurant Association paid out a five-figure settlement to two women who accused Herman Cain of making sexually suggestive comments.

Details on the allegations and lessons that employers can learn from this after the jump…

* * *

90,000 women claim Wal-Mart discriminated against them

October 31, 2011 | by Eric B. Meyer

Back in June, the United States Supreme Court ruled here that a class of 1.5 million women could not pursue gender discrimination claims together against Wal-Mart because they lacked a common injury.

If, at first, you don’t succeed, file this Complaint in California on behalf of a class of only 90,000 plaintiffs. Will this small smaller lawsuit hold up? Find out after the jump…

* * *