Articles Posted in Discrimination and Unlawful Harassment

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

Continue reading

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.
Continue reading

Quick! Name three people with dreadlocks.

Easy.

  1. Gary Oldman as Drexl Spivey in “True Romance”
  2. Jon Favreau as Gutter in “PCU”
  3. 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…

* * *

Continue reading

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.
Continue reading

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?
Continue reading

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.
Continue reading

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.

Continue reading

The are two classes of plaintiffs who may assert claims under the Americans with Disabilities Act:

  1. Those who have a “disability”; and
  2. Those who not have a disability but who, nonetheless, are “regarded as” disabled by their employer.

We know that a disability is an actual impairment that substantially
limits one or more major life activities. But “regarded as” disabled?
What’s up with that?!?
Continue reading

Our old buddy Robert Rank-And-File from Pennsylvania-New Jersey-Delaware, Inc. is having problems at work again. This time, however, the culprit is not Sally Supervisor. It’s Lisa Leadperson.

What is your company’s potential exposure here? Find out after the jump.

Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information