Discrimination and Unlawful Harassment

Documentation and communication FTW! (Well, good enough.)

February 27, 2023 | by Eric B. Meyer

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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.

This employee apparently doesn’t understand how pregnancy discrimination works

February 24, 2023 | by Eric B. Meyer

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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

Are you in the clear waiting four weeks to fire someone who complained about sexual harassment?

February 21, 2023 | by Eric B. Meyer

I’ve got some ‘splaining to do before we get into the meat and potatoes. Continue reading

Did a union non-profit refuse to accommodate a woman with breast cancer and force her to resign? The EEOC thinks so.

February 16, 2023 | by Eric B. Meyer

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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.

February 9, 2023 | by Eric B. Meyer

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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…

February 1, 2023 | by Eric B. Meyer

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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.

January 31, 2023 | by Eric B. Meyer

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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

Check out the EEOC’s livestream tomorrow on the use of AI in hiring decisions

January 30, 2023 | by Eric B. Meyer

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I’m exhausted. Continue reading

Would your business ever refuse to hire applicants with obvious missing, broken, or badly discolored teeth?

January 27, 2023 | by Eric B. Meyer

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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

January 26, 2023 | by Eric B. Meyer

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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.