If you’re 67 years old, you work in human resources, and you happen to hear those words from the company’s U.S. president, it may be time to dust off the old resume.
Or contact the U.S. Equal Employment Opportunity Commission. Continue reading
A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy of the arbitration agreement that the individual had signed.
After an uncomfortably long pause, I went back to drafting the complaint to be filed in court. Continue reading
Last week, the National Labor Relations Board made headlines when it concluded that nondisparagement and confidentiality provisions in severance agreements that businesses give to rank-and-file employees are unlawful.
Yesterday, the Board made headlines again by releasing this Advice Memo in which it concluded that employees who engage in group discussions about issues of race that black employees face at work, including perceived implicit bias work, are protected from retaliation by employers. Continue reading
The Americans with Disabilities Act bars employers from firing someone because they have a disability. It also requires employers to provide workplace accommodations to otherwise “qualified” individuals with actual disabilities unless going so would create an undue hardship. Someone who is “qualified” can perform the job’s essential functions with or without an accommodation.
Put another way, if the employee can’t do the job with or without help, then the ADA doesn’t protect them – as one employee recently found out the hard way. Continue reading
After completing a 90-day orientation program for newly licensed nurses, a woman was denied a full-time position as a Registered Nurse (RN) at a hospital and, instead, transferred into a lower-paying position at another facility that the same employer operated.
The woman — we’ll call her “Plaintiff” as we usually do here — alleged race discrimination under Title VII of the Civil Rights Act of 1964.
A plaintiff asserting a Title VII claim for race discrimination must present a convincing mosaic to the factfinder that race motivated the adverse employment action — in this case, the denial of the full-time RN position.
I won’t bury the lede. Here’s the takeaway from this post. If an employer doesn’t know that an employee is pregnant, it can’t possibly discriminate against her because she is pregnant. Continue reading
I’ve got some ‘splaining to do before we get into the meat and potatoes. Continue reading
I read on the U.S. Department of Labor website that unions help employees improve the workplace with “enhancements” such as “flexible scheduling, protections against harassment and safer working conditions – that improve the quality of jobs and workers’ well-being.”
However, a union non-profit that touts itself as a provider of help to workers with health problems allegedly violated the Americans with Disabilities Act (ADA) by discriminating against an employee based on her disability, breast cancer.
Now, the U.S. Equal Employment Opportunity Commission is suing!
There’s a reason that they don’t teach “clairvoyance” in HR certification courses.
(Although, it would be nice to have it to avoid some hires, amirite?) Continue reading
No workplace is perfect. And the one I read about last night was far from it. Continue reading
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