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
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.
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
Among the top employment issues that companies will need to navigate in 2024 is enforcing laws that have more recently taken effect.
Since only the real ones are reading the blog this week, I must confess that it would be cool to patrol the office halls with a fake badge I ordered from Amazon to restore order and HR compliance to the workplace.
But policing religion is where I must draw the line. Continue reading
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. Continue reading
Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.
Except when all you plead are “vague and conclusory” allegations.
The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.
It’s called associational discrimination.
A university professor did not have her employment contract renewed after two years on the job.
Why not? Continue reading
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