Search
The Employer Handbook BlogReasonable accommodations for disabled employees need to be reasonable, not perfect
I won’t bury the lede, which I’ll quote from the Fourth Circuit decision I read last night. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Here are forty thousand reasons why “equal pay for equal work” applies to male victims too
A federal law called the Equal Pay Act requires that men and women in the same workplace receive equal pay for equal work. The jobs need not be identical, but they must be substantially equal.
While women often seek relief under this statute, a state government agency learned the hard way that “equal pay for equal work” applies to underpaid men, too. Continue reading
An employer’s response to a complaint of harassment doesn’t need to be perfect. Just ok may do.
Remember that AT&T ad campaign a few years ago where the mobile network provider touted how cell phone users should not have to settle for mediocre phone service?
In the workplace, however, “just ok” may be good enough when responding to employee complaints of harassment.
Hey, I’m not saying employers should aspire for “just ok,” but it can defeat a sexual harassment lawsuit.
Did this guy’s performance really nose-dive? Or did his age motivate his abrupt termination?
Stop me if you’ve heard this one before. Continue reading
Employee claims bias when employer failed to hire an inferior candidate.
“Uh, Eric, don’t you mean the superior candidate?” Continue reading
A company supposedly awarded a black employee a trophy for “Least Likely to Be Seen in the Dark.” WTH?!?
Some people in Dallas do some dumb stuff.
For example, every year, many locals hold out hope into late December or early January that the Cowboys will win the Super Bowl. After their hopes get dashed when the team inevitably chokes, the fans irrationally board the bandwagon the following Summer. It’s crazy!
But not as nuts as what I’m about to tell you.
The EEOC’s new General Counsel is targeting Antisemitism, Islamophobia. So should you.
Yesterday, the U.S. Equal Employment Commission’s newest General Counsel, Karla Gilbride, told reporters that addressing discrimination in American workplaces relating to the Israel-Hamas skirmish is a top priority for 2024. Continue reading
Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA
I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.
Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.
You’re not a doctor.
(Unless you’re a doctor.)
So don’t act like one when deciding which of your employees may be a direct threat to others at work.
(Unless you like defending Americans with Disabilities Act claims). Continue reading