Discrimination and Unlawful Harassment

Can employers ban workers from wearing Black Lives Matter insignia to protest discrimination at work?

February 26, 2024 | by Eric B. Meyer

Photo by Brett Sayles: https://www.pexels.com/photo/slogan-black-lives-matter-on-black-board-4665903/

Last week, the National Labor Relations Board decided that a NON-union employer cannot require employees to remove “Black Lives Matter” (BLM) insignia from their work uniform when the BLM marking is a “logical outgrowth” of earlier group protests about racial discrimination in their workplace.

An employee who wanted religious exception for the COVID-19 vaccine got called on it. Guess what happened next?

February 23, 2024 | by Eric B. Meyer

I’ll bet nowhere on your HR job description is there anything about serving as the religion police.

145,000 reasons not to tell an employee they have “old-timers disease.”

February 22, 2024 | by Eric B. Meyer

noun-old-woman-1056984-1024x1024

Also, it is a bad idea to give that same employee a “retire-or-be-fired” ultimatum shortly after they return from bypass heart surgery. Continue reading

There’s one state where bringing a sexual harassment claim is much easier than the rest

February 21, 2024 | by Eric B. Meyer

noun-big-apple-5564685-1024x1024

In most places, a plaintiff who claims that their former employer sexually harassed them must establish that the conduct to which they were subjected was severe or pervasive enough to alter the conditions of employment and create a hostile or abusive work environment.

In New York, however, not so much. Continue reading

It’s 2024 and federal law still does not protect medical marijuana users from getting fired for testing positive.

February 20, 2024 | by Eric B. Meyer

noun-medical-marijuana-79562-1024x1024

Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive.

But, in 2024, most states have recognized the medical benefits of cannabis and have legalized it for medical use by their residents. Will this translate into viable ADA discrimination claims?

This Employee Relations Department redeemed itself (sort of).

February 16, 2024 | by Eric B. Meyer

noun-up-down-3073077-1024x1024

Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee Relations Department that caught the attention of the EEOC for its alleged poor handling of an employee’s complaints of sexual harassment.

But I appreciate a good comeback story, don’t you? And I’ve got one for you today. Continue reading

In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.

February 15, 2024 | by Eric B. Meyer

noun-up-down-3813838-1024x1024

This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Continue reading

Here are four ways to BOTCH a sexual harassment investigation

February 14, 2024 | by Eric B. Meyer

noun-mistake-3857405-1024x1024

Last month, I told you that an employer’s response to a harassment complaint doesn’t need to be perfect. Just ok may do. That’s because an employer that learns about sexual harassment needs to respond in a way that is reasonably designed to end the complained-of behavior.

Well, I read a recent federal court decision in which the U.S. Equal Employment Opportunity Commission alleged that an employer’s response to complaints of sexual harassment in September and December 2019 was deficient in at least four ways. Continue reading

How do we help our employee who tells us she has early-onset Alzheimer’s disease?

February 13, 2024 | by Eric B. Meyer

noun-help-6562084-1024x1024

Hopefully, your business never has to address a situation where an employee is suffering from progressive memory loss and cognitive decline. But, suppose one of your employees informs you that they have early-onset Alzheimer’s disease.

How should the company respond?

Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate.

February 12, 2024 | by Eric B. Meyer

noun-different-362805-1024x1024

There are all sorts of anti-retaliation laws that protect employees. Many require that employees who invoke them prove that the employer acted with retaliatory intent.

But not all of them.