Discrimination and Unlawful Harassment

The Supreme Court just revamped religious accommodations at work. I’ll explain in plain English.

June 30, 2023 | by Eric B. Meyer

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About 50 years ago, Congress tweaked Title VII, a federal law that makes it unlawful to discriminate against workers based on their religion. It clarified that employers must “reasonably accommodate. . . an employee’s or prospective employee’s religious observance or practice” unless the employer is “unable” to do so “without undue hardship on the conduct of the employer’s business.”

But what does that mean? Continue reading

What was an employer thinking fired a worker two days after complaining about “retaliation” and “harassment”?

June 29, 2023 | by Eric B. Meyer

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On August 7, 2018, a worker sent an email. The email stated, “I fear retaliation” and “my colleagues and I have been the victims of continuous harassment, both sexual and emotional.”

On August 9, 2018, just two days later, the company fired her.

How do you think that turned out? Continue reading

Could two little resumé errors torpedo an employee’s claims that her race got her fired?

June 28, 2023 | by Eric B. Meyer

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In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumé stated that she held a master’s degree in Public Health and had experience as a licensed sanitation. The candidate nailed the interview. Ultimately, the employer hired her for the Health Commissioner position because of her “excellent” resumé and interview.

Or so it thought. Continue reading

Starting today, most of your workers have new, federal pregnancy-related employment protections

June 27, 2023 | by Eric B. Meyer

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Today, the Pregnant Workers Fairness Act takes effect. Continue reading

Even in one of the most employee-friendly states, COVID-19 isn’t necessarily a disability

June 26, 2023 | by Eric B. Meyer

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Near the beginning of the pandemic, an employee in New Jersey reported to work but felt ill; specifically, he felt “cold, clammy, and weak.” After going home, the employer told him not to return until he tested for COVID-19. The next day, the plaintiff went to a free clinic where he obtained a COVID-19 test. While waiting for the results, the employee reported to his employer that he felt better, and offered to return to work, maintaining social distance from others. The employer fired him instead.

Is this disability discrimination? Continue reading

If the boss is creating a hostile work environment, no amount of fix-it may save you in the lawsuit

June 21, 2023 | by Eric B. Meyer

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Not this Boss. I’m talking about someone so high up in the company food chain that they serve as the organization’s proxy. Continue reading

Your employees’ arbitration agreements may look a lot different soon (all crumpled up in a trash can)

June 15, 2023 | by Eric B. Meyer

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On Wednesday, U.S. Senator Kirsten Gillibrand (D-NY), Senate Judiciary Committee Ranking Member Lindsey Graham (R-SC), Senate Judiciary Committee Chair Dick Durbin (D-IL), and Representative Nancy Mace (R-SC) announced the introduction of the bipartisan Protecting Older Americans Act. The legislation would invalidate forced arbitration clauses that require employees to arbitrate claims of age discrimination, whether for disparate treatment, disparate impact, harassment, and retaliation. Continue reading

That time a federal appellate court schooled a teacher on at-will employment

June 14, 2023 | by Eric B. Meyer

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A schoolteacher who got promoted to Assistant Head of School, only to have her position eliminated, felt that the school should have explored other alternatives. She believed this demonstrated a pretext for age discrimination.

She was wrong. Continue reading

Does telling an employee to seek anger management mean that you regard them as having an ADA disability?

June 13, 2023 | by Eric B. Meyer

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Now, I know a lot of you reading this are out in Las Vegas at SHRM23 right now. And you probably work for companies that provide Employee Assistance Programs (EAPs) to employees that could use counseling or support.

Most of you know that the Americans with Disabilities Act, which bans discrimination against employees who have actual disabilities and those that employers perceive as having a disability, also prohibits employers from inquiring about the nature or severity of a disability unless the inquiry is shown to be “job-related and consistent with business necessity.”

But have you ever wondered whether recommending an EAP to an employee invokes the ADA?

NY Federal Courts 2 – “Central Park Karen” 0

June 9, 2023 | by Eric B. Meyer

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The white woman many refer to pejoratively as “Central Park Karen,” after a videotaped dispute with a Black birdwatcher in Central Park went viral, was at it again. This time, appealing the “L” she took from a New York federal court in a race discrimination and defamation lawsuit against her former employer to the Second Circuit Court of Appeals.

How do you think that went? 😐