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The Employer Handbook BlogAre you in the clear waiting four weeks to fire someone who complained about sexual harassment?
I’ve got some ‘splaining to do before we get into the meat and potatoes. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Did a union non-profit refuse to accommodate a woman with breast cancer and force her to resign? The EEOC thinks so.
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!
An employee who didn’t know she had a disability sued for disability discrimination. It didn’t go well.
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
A coworker supposedly used the N-word “all the time” at work. Case dismissed. Here’s why…
No workplace is perfect. And the one I read about last night was far from it. Continue reading
A step-by-step guide on how to go from semi-pro hockey player to unemployed in just a few tweets.
It’s 2023.
When are employees going to learn that while the First Amendment does guarantee freedom of speech, there is no constitutional right to a job, and employers don’t have to tolerate employee hate speech?
Continue reading
Would your business ever refuse to hire applicants with obvious missing, broken, or badly discolored teeth?
Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. Continue reading
For this employer, if only the EEOC’s hearing disability guidance had come out sooner
Yesterday, I told you about the EEOC’s new resource document for assisting individuals with hearing disabilities. Today, I’ll tell you how the Second Circuit Court of Appeals breathed new life into the failure-to-accommodate claims of a deaf individual who worked as a case manager for a city’s Human Resources Administration (HRA).
So, thank you, blogging gods, for the impeccable timing.
The EEOC has a new resource document for assisting individuals with hearing disabilities
If you’re an employment law nerd like me, in addition to being the envy of your neighborhood, you also know that the U.S. Equal Employment Opportunity Commission does not shy away from bringing failure-to-accommodate claims on behalf of deaf individuals. Look at all of them! Continue reading
Here is what makes equal pay claims so difficult to win
When a longtime government agency employee sued her employer for violating the Equal Pay Act, she argued that the defendant paid her male coworker more for “essentially the same job.” In her mind, their roles “were complementary and [their] duties equal.”
But that’s not enough to show prevail under the Equal Pay Act. Continue reading