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The Employer Handbook BlogDON’T DO THIS: Threaten to fire employees that get a COVID-19 vaccination
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Today’s edition of “DON’T DO THIS” comes from an unlikely source: The Howard Stern Show. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Maybe if I blog about it enough, the Pregnant Workers Fairness Act will actually become law
Image by councilcle from Pixabay
For the third time in the past year, I am blogging about the Pregnant Workers Fairness Act.
Why? Continue reading
Yet another court reaffirms that the ADA does not require accommodating marijuana use
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)
It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock.
Better dust off the cannabis scales of justice for this one.
EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon
Image Credit: Photofunia.com
Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups wrote to the EEOC asking the big question: to what extent may employers offer employees incentives to get the COVID-19 vaccine without violating the Americans With Disabilities Act and other laws enforced by the EEOC.
It appears that we may get an answer soon. Continue reading
The House approved the Paycheck Fairness Act. Now, it will probably die in the Senate. 💀💀💀
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Senate Democrats, CC BY 2.0, via Wikimedia Commons
“Equal Pay for Equal Work” has been the rallying cry in support of the Paycheck Fairness Act (PFA), which the House passed last week by a 217-210 vote.
According to the U.S. Bureau of Labor Statistics, in 2020, women earned 82 cents for every dollar men received. So, on paper, paying men and women the same wages for the same work — “paycheck fairness” — sounds, err, fair.
So, why has the PFA never reached the President’s desk in any of the past dozen attempts going back to 1997 that it’s been introduced in Congress? Let’s find out. Continue reading
PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.
Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons
Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Continue reading
Scoop! EEOC won’t cone-done ice cream company’s alleged pro-Hispanic hiring practices
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Nicolas Ettlin, CC BY-SA 4.0, via Wikimedia Commons
You (soft) served up one pun too many, Eric.
Geez! I might have blown my chance at drafting press releases for the U.S. Equal Employment Opportunity Commission. Then again, anything is popsicle when you’re the cream of the crop.
This is, by far, the most important ADA decision so far in 2021.
Image by Mudassar Iqbal from Pixabay
And it’s not at all what you think. Continue reading
As a reasonable accommodation, must an employer transport an employee with a disability to/from work?
Image by eiden_kris from Pixabay
One of your employees has a disability that prevents her from getting to work consistently. The problem is that regular attendance is an essential function of the job. So, remote work isn’t an option.
Do you need to provide her transportation as a reasonable accommodation under the Americans with Disabilities Act? Continue reading
Justices Alito, Gorusch, and (Thurgood) Marshall share the same views on … religious accommodations?!?
Image by CryptoSkylark from Pixabay
I know, right? Shocking!
But it’s true, and I’ll explain why. Continue reading