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The Employer Handbook BlogWhat the heck is ‘bleisure’ and how could your company get sued over it?
People ask me if I like to read. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Your company’s arbitration agreements for sexual harassment claims may not survive February intact.
Back in the Summer, during one of my rare deviations from blogging about COVID-19, I slipped in a post about a bipartisan effort in Congress to end the forced arbitration of sexual assault and sexual harassment claims.
Six months later, there are some real signs that this Bill will make it to President Biden’s desk for signature. So, if you have employees that have signed arbitration agreements, keep reading.
NY Giants release statement to rebut Brian Flores’s “disturbing and simply false” allegations of race discrimination
Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons
Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.
Of the race discrimination claims against the three football teams, we concluded that the one against the NY Giants seemed the strongest (relatively). Last night, the NY Giants responded — to Mr. Flores, not my partner and me — with a statement explaining why they believe that Mr. Flores’s claims against the team have no merit.
Let’s take a look.
VIDEO: Can Brian Flores’s lawsuit against the NFL and three teams survive? Two employment lawyers weigh in.
Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons
On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Continue reading
Is this the worst batch of retaliatory emails I’ve ever read? Maybe.
Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Continue reading
Here are 150,000 reasons not to play doctor when your employee tells you that she may have cancer.
In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. Continue reading
“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.
Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more “liberal” justices.
But did you know that some (or all) of the “conservative” justices joined in significant employment law decisions that Justice Breyer authored? Continue reading
The rise in antisemitism should have your attention because it is squarely on the EEOC’s radar.
Over the weekend, a man held four people, including a rabbi, hostage for over ten hours at a synagogue in the Dallas-Fort Worth area. Fortunately, the four hostages escaped — they were not released. Their captor died following a standoff with local and federal law enforcement officials. Continue reading
This employer provided a flu shot accommodation that DID NOT work. And it still WON the lawsuit. HOW?!?
Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful.
Instead, it’s about doing what’s reasonable based on the information available at the time.
I’ll explain. Continue reading
