Discrimination and Unlawful Harassment

Woman fired for fighting at a cheese plant wins bias claim

April 25, 2011 | by Eric B. Meyer

I can’t make this stuff up if I tried.

The Associated Press reports that the Pennsylvania Human Relations Commissions has ordered a local employer to pay $38,700 in back pay and interest to a female employee it fired for fighting at a cheese-making plant. According to the report, Rosalind Brown prevailed on her gender discrimination claim because she apparently received harsher discipline than male employees who had engaged in more egregious behavior:

The commission agreed with Rosalind Brown who claims it was unfair for her to be fired when two men who fought at the Dairy Farmers of America Inc. plant in West Middlesex received only 3-day suspensions. 1 of the men was injured when the other threw a 20-pound block of cheese.

When an anti-harassment policy won’t defeat a bias claim…

April 14, 2011 | by Eric B. Meyer

What happens when an employee claims to be a victim of discrimination or sexual harassment in the workplace, but fails to report the harassment to her employer? If the employer has a written anti-harassment policy, it should be able to satisfy its burden that the employee unreasonably failed to take advantage of the opportunity to avoid harm.

Maybe not.

Employers will want to continue reading after the jump to make sure that they are taking appropriate steps to avoid bias and sexual harassment claims

* * *

Is the 9th time the charm for the Employment Non-Discrimination Act?

April 7, 2011 | by Eric B. Meyer

Last week, Rep. Barney Frank (MA-D) — for the ninth time — reintroduced the Employment Non-Discrimination Act (ENDA). ENDA would make it illegal for businesses to discriminate against employees and job applicants based on sexual preference and gender identity.

More on ENDA, its chances of passage, and the effect it would have on employers, after the jump.

* * *

Can the EEOC legally recruit claimants over the radio?

April 1, 2011 | by Eric B. Meyer

The EEOC has been running this radio spot in Baltimore, Maryland:

“In connection with the class race discrimination lawsuit, the U.S. EEOC is looking for black individuals who applied for employment at or used to work for McCormick and Schmick’s or M&S Grill at the Inner Harbor. If you applied to work, or worked at either restaurant, please call the EEOC at 410-209-2208. Again, 410-209-2208.”

If you were M&S, what would you do? M&S got creative and sought an emergency order from a Maryland federal court to stop the advertisement.

Did it work? Find out, after the jump.

* * *

What the EEOC wants employers to know about the ADAAA

March 28, 2011 | by Eric B. Meyer

As I reported last week, after receiving over 600 public comments on its proposed regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA), the EEOC has released its final rules.

So what’s in these rules? And how will they affect employers? I’ve got a nice summary from the EEOC after the jump.

* * *

Booze, wild beaver, and a pregnant bartender. What!

March 25, 2011 | by Eric B. Meyer

Congratulations!

Because you are reading this post, you somehow made it past your company’s internet firewall. That, or you’re a horny perv, Googling some effed-up search terms. But I’m a lawyer; I don’t judge.

Either way, continue reading.

After the jump, it’s the female bartender/server who is now suing her employer, the Wild Beaver Saloon, *** borderline-NSFW link *** because she claims they fired her for getting pregnant!

* * *

EEOC releases final ADA Amendments Act regulations

March 24, 2011 | by Eric B. Meyer

Hot off the press!

The EEOC has released its final ADA Amendments Act regulations. You can read the press release and get a copy of the regulations here.

For some prior posts at https://www.theemployerhandbook.com about the ADA, ADAAA, and the supporting regulations, click here and here.

File this Supreme Court decision under “R” for RETALIATION

March 23, 2011 | by Eric B. Meyer

Thumbnail image for Supreme Court.jpg In a 6-2 decision, the Supreme Court held yesterday that a company may not retaliate against an employee who orally “filed a complaint” about perceived Fair Labor Standards Act (FLSA) violations.

After the jump, I’ll break down this decision, just what it means to orally file a complaint, and the impact yesterday’s decision will have on employers.

* * *

When sexting 64 times in 2 1/2 hours ISN’T sexual harassment

March 16, 2011 | by Eric B. Meyer

Beginning in October 2007, a doctor at a chiropractic practice repeatedly sent lewd and sexually offensive text messages at all hours of the day and night to his receptionist in which he requested sexual favors and made lewd comments such as:

“suck me beautiful,”
“I’m so @#$%^,”
“U want to fuck on my desk,”
“I want to fuck u do u want to? Let’s make it saucy,” and
“Come and suck it and I will feel better.”

The receptionist sued her employer for, among other things, sexual harassment…and lost!

Find out how, after the jump.

* * *

Prepare for the new federal rules on public accommodations

March 7, 2011 | by Eric B. Meyer

On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public.

To find out out whether YOU may be covered and, if so, what your obligations are, click here.