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The Employer Handbook BlogWhy, oh WHY, did a court determine that ASTHMA IS NOT A DISABILITY?!?
To answer that question, I’ll first introduce you to “Jane.” Continue reading
Articles Posted in Discrimination and Unlawful Harassment
875,000 reasons why the customer isn’t always right
A staffing company allegedly fulfilling a customer’s discriminatory hiring practices learned this lesson the hard way. Continue reading
HR told me I was fired for not losing my religion
Well, not me. But, a former employee claimed it happened to him. So, let’s cue R.E.M. and talk about religious expression in the workplace. Continue reading
“This case arises from a workplace romance.” It began as “an affair” when “they were not yet colleagues, only lovers.”
Kind of sounds like the start of a beautiful movie or novel, doesn’t it?
Unfortunately, however, it became more Lady Gaga. Or, more precisely, the writings of the Fourth Circuit Court of Appeals adjudicating an on-again-off-again sexual relationship between the “lovers” who became “colleagues” in the “workplace” and, later, plaintiff and defendant in a quid pro quo sexual harassment lawsuit.
Mark your calendars for two FREE employment law webinars this month.
I receive email alerts from the U.S. Equal Employment Opportunity Commission that include information on upcoming webinars. Most of them cost money to attend. But every once in a while, there’s a freebie.
Like this one.
An employer that supposedly instructed employees to pray away COVID-19 now must face religious discrimination claims.
Colloquially, today’s topic is “reverse religious discrimination.” But, more accurately, it’s about a claim of “religious nonconformity.”
In plain English, what happens when an employee refuses to comply with their employer’s religion? Continue reading
This, if true, is what we call direct evidence of race discrimination
Yesterday’s post discussed how direct evidence “proves impermissible discriminatory bias without additional inference or presumption,” i.e., the proverbial smoking gun. But smoking gun evidence in discrimination cases is rare. Employers aren’t out there telling employees that their race will cost them their jobs.
Well, most employers, that is. Continue reading
Proving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Social media posts from outside the office can foster a hostile work environment at work
Picking up where the EEOC left off earlier this year with its harassment guidance for employers that postings on a social media account targeting employees can contribute to a hostile work environment, the Ninth Circuit Court of Appeals recently reached the same conclusion in an opinion issued last week. Continue reading