Discrimination and Unlawful Harassment

U.S. Supreme Court green-lights even MORE discrimination claims

March 2, 2011 | by Eric B. Meyer

Thumbnail image for Supreme Court.jpg Just over a month ago, the Supreme Court unanimously held that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same “zone of interest” as another employee who complains about unlawful harassment in the workplace.

Yesterday, in an opinion written by Justice Antonin Scalia, the Court in Staub v. Proctor Hospital once again unanimously made it easier for individuals to pursue discrimination claims against their current and former employers. You can read a copy of the Court’s opinion here.

My analysis and the immediate impact this opinion will have on employers after the jump.

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Unemployed applicant + no job offer = discrimination?!?

February 28, 2011 | by Eric B. Meyer

In a public meeting last week, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of employers considering only those currently employed for job vacancies.

Do those employers who won’t consider unemployed individuals for vacant positions engage in unlawful discrimination?

Find out, after the jump (or just watch my baby son dunk like Blake Griffin — slow to load, but worth the wait)…

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Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

What do social media, genetics and the NFL have in common?

February 15, 2011 | by Eric B. Meyer

Nothing really. But I needed to combine three topics into one quick blog post.

On Genetics

I will be presenting a webinar tomorrow (2/16) at 1:30 PM EST on how the Genetic Information Nondiscrimination Act will affect your company. If you had to click on the hyperlink, then you probably should sign up for the webinar. You can learn more about the webinar here.

What to do when a disabled employee requests an accommodation at work

February 7, 2011 | by Eric B. Meyer

Recently, my friend Sharlyn Lauby, owner and sole proprietor of the HR Bartender Blog invited me to weigh in on a reader question about accommodations under the Americans with Disabilities Act. The reader, who is completely deaf, began developing neck pain at work because, the way her desk was positioned, she would constantly have to turn her head to hear anything people would say to her. Although she voiced her concerns to her boss, he just ignored her.

Unfortunately, this is not an uncommon situation. What should employees and employers do in this situation? Check out this post from the HR Bartender to find out.

Other helpful resources:

PA employee sleeps on the job and still collects unemployment

January 27, 2011 | by Eric B. Meyer

Hi there, Pennsylvania employers. Do you have employees that remind you of the sleeping gentleman in the picture to the right? After the jump, read about a local employee who was fired after getting caught sleeping on the job four times, and still successfully obtained unemployment compensation benefits!

Supreme Court okays third-party-retaliation claims

January 24, 2011 | by Eric B. Meyer

The United States Supreme Court today in Thompson v. North American Stainless, LP ruled that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same “zone of interest” as another employee who files a Charge of Discrimination with the United States Equal Employment Opportunity Commission.

More on this important decision and the immediate impact that it will have on employers after the jump.

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Waddaya know? Former hookers can sue for sexual harassment.

January 21, 2011 | by Eric B. Meyer

I read The Employer Handbook every day. That’ll be $10.”

A federal court has allowed a former prostitute to proceed with claims that her subsequent employer sexually harassed her. More about this defense counsel’s wet dream, after the jump.

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How to reduce retaliation claims in six easy steps.

January 14, 2011 | by Eric B. Meyer

The EEOC reported this week that retaliation charges outpaced race discrimination charges at the agency during fiscal year 2010. This is the first time that retaliation charges (under all statutes) surpassed race discrimination charges at the EEOC, making retaliation charges the most frequently type of charge filed at the EEOC last year.

The EEOC’s statistics on retaliation confirm what employers and employment lawyers already know – retaliation claims against employers continue to increase in frequency. Retaliation claims pose a unique hazard to employers; an otherwise baseless claim (for example, an unsubstantiated discrimination claim), when not handled appropriately, can morph into a legitimate retaliation claim. What actions can Pennsylvania, New Jersey, and Delaware employers take to prevent a defensible claim from turning into a less than defensible retaliation lawsuit?

My colleague, Katharine Hartman, a labor and employment law attorney who practices with me at Dilworth Paxson LLP, has some suggestions for you after the jump…
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How Facebook Can Make or Break Your Case: The Plaintiff’s Arsenal

January 13, 2011 | by Eric B. Meyer

By now, hopefully, you’ve read my post “How Facebook Can Make Or Break Your Case.” I wrote it primarily for my fellow members of the defense bar. So, if you haven’t yet read it, and you generally represent employers, shame on you! Stop reading this and go read it now. RIGHT NOW!

Otherwise, keep reading this post to see what plaintiffs’ lawyers
should be doing with social media to help advance their clients cases.