Danachos, CC BY-SA 4.0, via Wikimedia Commons
Thank you for all of the positive feedback and comments both via email and here on LinkedIn following yesterday’s transgender pronoun post. Many of the requests were for additional resources to promote a trans-inclusive workplace. Continue reading
Amousey, CC0, via Wikimedia Commons
Most employees are at-will; they can be fired for any reason or no reason at all. And intentionally misgendering a co-worker would be enough.
But, what if the employee objects on religious grounds? 🤔 Continue reading
Image by Please Don’t sell My Artwork AS IS from Pixabay
When an employee sues for retaliation after complaining about discrimination, he must prove that he suffered “a materially adverse action” for doing so. Usually, that amounts to discharges, demotions, refusals to hire, refusals to promote, and reprimands.
But, how about a manager making faces? Continue reading
Image by Please Don’t sell My Artwork AS IS from Pixabay
Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side employment lawyer, I’ll admit that my initial reaction was that she broke the rules and deserved the discipline associated with the infraction.
Then, I thought to myself, that is a really dumb rule. Continue reading
Groupe Canam. Services fournis:Conception-ingénierie Dessins par InteliBuild FabricationUsines de fabrication: Saint-Gédéon-de-Beauce, QCQuébec, QC, CC BY-SA 3.0, via Wikimedia Commons
I hate the New York Yankees. So, it is with deep-seated loathing that today’s blog post not only features the Evil Empire but casts the organization in a positive light.
Whatever. They’re still in fourth place in the AL East. Continue reading
Today, I’m channeling my inner ***check notes*** poet. Continue reading
Marielam1, CC BY-SA 4.0, via Wikimedia Commons
Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.
While Bostock has nothing to do with bathrooms and G.G. has nothing to do with the workplace, I think you can see where I’m going here.
MikeRun, CC BY-SA 4.0, via Wikimedia Commons
I really wanted to use the Spiderman meme here. But to avoid any potential copyright issues, please accept this cheaply executed facsimile — not in counterparts — instead. And here is some music to hammer the point home. Continue reading
David Maiolo [CC BY-SA 3.0], via Wikimedia Commons
Image by fernando zhiminaicela from Pixabay
In anticipation of the triumphant return of The Employer Handbook Zoom Officer Hour on Friday, June 25 at Noon Eastern, when we’ll focus on answering all of your COVID-19 return to work questions, it struck me that one of the big issues is COVID-19 itself. Specifically, is COVID-19 a disability under the Americans with Disabilities Act?
If you haven’t done so already, go ahead and register here for this free event. And below, I’ll provide a sneak preview of how one court resolved whether COVID-19 is an ADA disability.
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