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The Employer Handbook BlogIs indefinite unpaid leave irreparably harmful to employees that don’t get vaccinated?
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On Monday, a Texas federal court dealt with a nuanced issue relating to vaccine mandates. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
A federal court says certain religious employers may discriminate against LGBT employees
Image Credit: PublicDomainPictures.Net (Judge Gavel)
Do you remember back in 2020, when the Supreme Court in Bostock v. Clayton County held that Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on LGBT status? But the court did leave one issue open, namely, the implications for religious liberties and other matters arising from its decision.
Last week, a Texas federal court filled that gap by concluding that certain religious organizations are permitted to refrain from employing those who engage in conduct that violates their sincerely held religious beliefs. Continue reading
Can you refuse to a hire a transgender applicant because he won’t mix well with the customers?
Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration)
The short answer is no.
The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting it to the applicant. Continue reading
The EEOC emailed me its INTERNAL Religious Accommodation Request Form. Want to see it?
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Earlier this week, the U.S. Equal Employment Opportunity Commission provided additional information on religious objections to workplace vaccine requirements to its growing technical assistance manual. Thank you.
But, yesterday, one of the EEOC Commissioners emailed me the actual form that the EEOC uses to process religious accommodation requests.
THANK YOU! Continue reading
How to call applesauce on COVID-19 religious objections and other new advice from the EEOC
Image Credit: Eric Meyer
I meant to write a blog post on Sunday evening to go up yesterday.
But, here’s the thing. Continue reading
A federal judge made it really dang hard to prove medical marijuana discrimination
CommunistSquared, CC0, via Wikimedia Commons
Greetings from Seattle. Continue reading
I’ll give you nine examples of what the law does NOT consider retaliation.
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Retaliation is the number one employment claim that workers pursue. Prevailing, however, is not that easy. Continue reading
What a 🥴 private school in Florida can teach us about COVID-19 medical accommodations
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While warming up benching 315 lbs. at the gym yesterday, I listened to The Howard Stern Show.
The EEOC updated its COVID-19 vaccination guidance for employers
Without any fanfare or press release (sigh), the U.S. Equal Employment Opportunity Commission updated its list of frequently asked questions entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
The update is limited to guidance on vaccinations. So, you’d think that it would be easy to tell what the EEOC updated.
Yeah, you’d think that.
These employees actually convinced a court to block a workplace COVID-19 vaccine mandate. But how???
Image by torstensimon from Pixabay
Ever since a federal judge in Texas upheld a workplace COVID-19 vaccine mandate back in June, the consensus among judges and lawyers was that employers could require workers to get a COVID-19 shot as a condition of employment.
But, recently, the State of New York was accused of taking its vaccine mandate for hospital and nursing home staff to the next level. Continue reading