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The Employer Handbook BlogFired employee gets re-hired after raising discrimination claims
Religious discrimination claims are skyrocketing. A supervisor at a local shoe store didn’t get the memo. Guess how that turned for him…
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Articles Posted in Discrimination and Unlawful Harassment
Employee fired for Facebook comments sues her employer
I was reading an article in the Gwinnett Daily Post — yeah, that’s right, the GDP — and it starts out like this…
BUFORD — When Buford City Schools bus driver Michele Threlkeld finished her final route on the last day of school, she reported to her supervisor’s office, as was routine.
I love reading articles that start this way, because you know that fireworks and lawsuits are going to ensue. So, cue the fireworks and lawsuits…after the jump.
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How do PA, NJ, and DE address discrimination based on sexual orientation?
Recently, I read an article by Bob Egelko in
the San Francisco Chronicle about a speech from U.S.
Supreme Court Justice Antonin Scalia in which he told law
students from U.C. Hastings that the 14th Amendment to the U.S.
Constitution, which guarantees equal protection to all U.S.
citizens, do not preclude discrimination based on sex. Justice Scalia
believes that the drafters of the Constitution did not have sex
discrimination on the brain when they passed the 14th Amendment.
New Jersey: No Adverse Employment Action Required for a Failure to Accommodate Disability Claim
There are plenty of good reasons that plaintiff’s lawyers heart the New Jersey Law Against Discrimination (NJLAD). It has a wide scope of coverage for employees with disabilities. It’s remedial purposes are incredibly broad. A plaintiff can go directly to court with a claim under the NJLAD without vetting it with a state administrative agency first. A plaintiff can stay out of federal court where the odds of losing on an employment discrimination case on summary judgment are much higher than they are in state court.
As if the plaintiff’s bar didn’t need any further reasons to love the NJLAD.
Well, here’s one more…
Should employers monitor Facebook use of second-chance offenders?
A few weeks ago, I came across an article by Terrence O’Brien on switched.com, “Facebook ‘Subscribe to’ Feature Lets You Follow Your Friend’s Every Move.”
Facebook is testing a new feature that lets you subscribe to a specific user’s content. In practice, this means receiving a notification every time that user updates their status, posts a new photo, link, video or note, and Mashable aptly dubs it the ‘Stalker Button.’ Taken at face value, this would appear to be a direct answer to the ability to “follow” a user on Twitter…
after the jump…
Is it sexual harassment if a visitor masturbates in the office?
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
In PA, NJ, and DE, when does religious expression take a backseat to workplace safety?
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.
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Gary Oldman Would Have Trouble Landing A Security Job
Quick! Name three people with dreadlocks.
Easy.
- Gary Oldman as Drexl Spivey in “True Romance”
- Jon Favreau as Gutter in “PCU”
- 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…
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Third Circuit Employment Law 101: Constructive Discharge
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.
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Third Circuit Employment Law 101: Quid Pro Quo Harassment
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?
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