Discrimination and Unlawful Harassment

Employer wins lawsuit despite a “pattern of systematic sexual harassment”

August 15, 2012 | by Eric B. Meyer

In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a “skank ass bitch.” The New Jersey Superior Court, Appellate Division, described this as a “pattern of systemic sexual harassment” — one in which the alleged harasser appeared to have never received any anti-harassment training.

So, what did the court do? It affirmed summary judgment for the employer and dismissed the plaintiff’s Complaint.

What?!?

Find out why, after the jump…

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Appeals court revives disability bias claims of one-handed bus driver

August 9, 2012 | by Eric B. Meyer

Tammy Rosebrough was born without a left hand. In September 2007, she applied for a cook position at Buckeye Valley North High School. However, due to a shortage of bus drivers, the school encouraged Rosebrough to become a bus driver. Rosebrough accepted.

Rosebrough claimed that, during her training, her trainer made discriminatory comments to her about her disability on two separate occasions. Rosebrough reported the comments and was informed that her concerns would be addressed.

Later, during her training, Rosebrough was informed that she would need a commerical driver’s license (CDL). She scheduled a CDL test with the State, but later cancelled when her trainer was unavailable to take her to the test. Over the next several months, Rosebrough contacted several other testing centers and school districts but learned she could only be trained by the school district that ultimately hired her. Rosebrough never contacted Buckeye Valley again to return and finish her training.

What do Ravishing Rick Rude and sex discrimination have in common?

August 8, 2012 | by Eric B. Meyer

A federal court described Charles “Chuck” Wolfe, a crew superintendent in of an all-male construction crew, as a “world-class trash talker” and a “master of vulgarity.” One of the members of Wolfe’s crew was Kerry Woods, a straight male. Woods claimed that his supervisor, Wolfe another straight man, had engaged in unlawful “same sex” harassment, in violation of Title VII of the Civil Rights Act of 1964, by referring to him in “raw homophobic epithets and lewd gestures.”

A jury heard Woods’s claims and awarded him nearly $500,000. The Fifth Circuit Court of Appeals heard the employer’s appeal, threw out the jury award, and dismissed the complaint (in this opinion).

Why? Find out after the jump…

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Facebooking about “naked Twister” may doom one’s sexual harassment claims

August 7, 2012 | by Eric B. Meyer

And some of you wonder why I enjoy blogging about HR and employment law.

More after the jump…

(What I won’t do for my loyal readers….)

A scary NLRB decision threatening the integrity of workplace investigations

August 1, 2012 | by Eric B. Meyer

HR heads are still spinning as they try to digest what the National Labor Relations Board has tried to accomplish this year.

The Acting General Counsel has issued confusing reports on social media. The Board has also attempted to create quickie union elections, and require companies to abide by a union-poster rule. Why, just a few weeks ago, the Board ruled that an “at will” provision in an employee handbook may violate the National Labor Relations Act. That one is still a head-scratcher for me.

But the National Labor Relations Board has really stepped in it again, dealing another crushing blow to HR. I think you’ll agree with me when you read on after the jump…

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“An employee walks into a hospital wearing a Jesus lanyard…”

July 31, 2012 | by Eric B. Meyer

They can’t all begin with a priest, minister and a rabbi walking into a bar. Then again, it’s “Religious Accommodation Tuesday” here at The Employer Handbook. So, after the jump, we’ll discuss the test to determine whether an employee may lawfully don religious items at work and find out whether the hospital worker in this case has a potential religious discrimination claim (Hint: he does).

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HR Manager emails bolster employee’s ADEA and FMLA claims

July 30, 2012 | by Eric B. Meyer

Documentation is good; smoking-gun emails from the HR Manager not so much.

After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims.

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Egyptian-born FBI agent + post-9/11 transfer = discrimination claim

July 26, 2012 | by Eric B. Meyer

I am an F….B…..I…. Agent!

And if anyone wants to get me this iPad case for Christmas…

Wait, what was I supposed to be writing about? Oh yeah, national-origin discrimination. I’ll get it together for you after the jump…

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Fact or Fiction: The ADA requires creating a new job for a disabled employee

July 25, 2012 | 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.”

Under the Americans with Disabilities Act, an employer is required to provide a reasonable accommodation, if doing so will allow a disabled employee to perform the essential functions of his job. Could this mean having to create a brand new position for a disabled employee?

Nope. A federal appellate court underscored this last week (opinion here) when if affirmed a lower-court decision to dismiss a plaintiff’s claims under the ADA that his former employer had failed to accommodate his disability:

Recipient of nasty racial slurs from an office friend loses bias claim

July 24, 2012 | by Eric B. Meyer

What if I told you that a female black employee was called “monkey” and “nappy head Raggedy Ann” at work?

What if I then told you that the employee subsequently sued in New Jersey state court; quite possibly the most plaintiff-friendly jurisdiction in the U.S. — next to California?

And guess what? She lost. Oh my!

What the heck happened and what can employers learn from this recent decision? Find out after the jump…

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