Discrimination and Unlawful Harassment

What would Kenny Powers do? Interview questions to avoid

July 25, 2011 | by Eric B. Meyer

HBO Go may just be the best app ever.

Over the past two weeks, I’ve gotten current on Entourage and Game of Thrones, and begun watching Eastbound and Down. Watching characters like Ari Gold, Kenny Powers and Tyrion Lannister got me thinking. If these guys were in HR, what kind of questions would they ask potential hires in a job interview?

***You know, this all sounded so much better in my head.***

Whatevs.

After the jump, I have 29 questions you should never ask a candidate in a job interview.

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Fact or Fiction: Miniature horse = reasonable ADA accommodation

July 21, 2011 | by Eric B. Meyer

Welcome back to “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”.

https://www.youtube.com/watch?v=UFLJFl7ws_0

So, is a miniature horse a reasonable accommodation under the Americans with Disabilities Act? Maybe.

Welcome to the Employment Law Blog Carnival: Jukebox edition!

July 20, 2011 | by Eric B. Meyer

The Employment Law Blog Carnival has finally rolled into town.

What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme.

For this edition of the Carnival, it’s DJ-ESkeelz on the one and two, with a music-themed employment-law blog carnival. I’ve got 13 hot joints (read: 13 links to employment-law articles from some of the blogosphere’s best…)

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Pornographers need employment lawyers too, you know.

July 14, 2011 | by Eric B. Meyer

Welcome everyone to the ~~first~~ last edition of T&A Thursday, where I update you on all that’s going on in the world of porn and employment law.

After the jump, it’s all the news that’s barely fit to print. (At least it’s safe for work)…

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Fact or Fiction: A “general release” settles all discrimination claims

July 12, 2011 | by Eric B. Meyer

Welcome back to “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”. But before I dispense with the brevity, allow me to pat myself on the back as, yesterday, both the ABA Law Journal and the Wall Street Journal recognized one of my recent blog posts.

***A-thank you. Thank you very much. You’re all too kind.***

On the heels of this case from the Second Circuit that I read about yesterday, I figured that today we should discuss releases. Cue the music…

Job candidate bolts from a drug test; sues for disability bias

July 8, 2011 | by Eric B. Meyer

Stop me if you’ve heard this one before:

Job candidate is told that any job offer is contingent upon passing a drug test.

On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces.

No drug test means that job candidate is disqualified from the position.

Job candidate sues claiming a violation of the Americans with Disabilities Act for failure to accommodate.

Folks, I couldn’t make this stuff up if I tried. Just another day in the life of an employment lawyer.

After you hit the jump, you’ll find out whether the job candidate prevailed…

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This term’s top 5 employment-law Supreme Court rulings…in haiku

July 7, 2011 | by Eric B. Meyer

Last month, the Supreme Court handed down – if not the most important – certainly, the highest-profile decision of this term with Wal-Mart v. Dukes. However, in addition to this headline-grabber, this term saw four other significant employment-law decisions from the High Court about which employers must take note.

After the jump, I revisit each case…in haiku.

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Can a bridge worker with a fear of heights have a viable ADA claim?

June 24, 2011 | by Eric B. Meyer

Today, I get to sleep in because The Employer Handbook has a guest blogger. It’s Andrew Kim, a summer associate at Dilworth Paxson LLP:

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Some people have no problem with heights (as seen above). But Darrell Miller, a bridge worker, had acrophobia (a.k.a. the fear of heights). In fact, Mr. Miller had suffered a panic attack due to that very fear while working on the bridge crew for the Illinois Department of Transportation (IDOT). He then sought a reasonable accommodation so that he wouldn’t have to work on big bridges. IDOT refused. Did it violate the Americans with Disabilities Act?

Find out after the jump . . .

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EEOC buzz: deliberate discrimination against job seekers

June 23, 2011 | by Eric B. Meyer

Yesterday, the EEOC held a meeting to discuss what it deems a “major national problem”; namely, deliberate discrimination against job seekers based on their race, sex, age, national origin or other prohibited basis.

After the jump, I’ll summarize the meeting and offer some tips for employers to help them stay off of the EEOC’s radar.

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What Wal-Mart’s High Court win means for employers, large and small

June 21, 2011 | by Eric B. Meyer

As reported on this blog yesterday, as well as in a gazillion other news outlets — but probably here ~~first~~ firstish — the U.S. Supreme Court has overturned certification of a potential class of 1.5 million current and former female employees seeking relief against Wal-Mart for alleged gender discrimination.

After the jump, a break down of the Opinion and what it means for employers, big and small.

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