Articles Posted in Discrimination and Unlawful Harassment

Your state just imposed new quarantine rules for out-of-state travel. Now what?

July 7, 2020 | by Eric B. Meyer

A client emailed me yesterday asking if I’d read about the new COVID-19 quarantine restrictions for travelers to the Commonwealth of Pennsylvania. Specifically, the client asked whether they could trigger a need to provide leave under the Families First Coronavirus Response Act. Maybe your state has similar restrictions, and you’re looking for answers too.

Well, you’ve come to the right place. Continue reading

Can you fire an employee who knowingly comes to the office with COVID-19?

June 25, 2020 | by Eric B. Meyer

oImage by Alexas_Fotos from Pixabay

TL;DR – Damn skippy, you can. Continue reading

10 million more reasons not to account for age when returning employees to work.

June 24, 2020 | by Eric B. Meyer

Jericho / CC BY

About a week or so ago, the U.S. Equal Employment Opportunity Commission reminded employers that federal anti-discrimination law does not require that businesses accommodate older workers due to their age if, for example, they need help returning to work. I wrote about that here.

But, here’s the thing. Continue reading

If you permit Black Lives Matter apparel at work, does that mean White Lives Matter is ok too?

June 23, 2020 | by Eric B. Meyer

Image by Mr Salih from Pixabay

Yesterday’s post about employees wearing Black Lives Matter apparel at work was a bit of a lightning rod.

While all of the comments I received were respectful — thank you! — some questioned whether allowing employees to wear BLM face masks, pins, and insignia to work would open the door to others showing support for “White Lives Matter.”

Well, sure enough, between yesterday’s blog post and this one, that’s what we got. Continue reading

Is it legal to forbid employees from wearing Black Lives Matter face masks or insignia at work?

June 22, 2020 | by Eric B. Meyer

The All-Nite Images from NY, NY, USA / CC BY-SA

If you’ve read the news recently, you may have seen stories like this one and this one about large businesses that had policies against employees wearing pro-BLM clothes and apparel. In those two examples, each of the companies has since changed its policies. You can read more about that here and here.

But, let’s say that your business still wanted to ban employees from wearing Black Lives Matter masks or symbols at work.

COVID-19 antibody testing as a condition of returning to work? Bwahahahahahahahahahaha!!!

June 18, 2020 | by Eric B. Meyer

free images

I’ve got something to tell you. I’m coming clean. Are you ready?

Here it is. Continue reading

The five quotes that define and transcend yesterday’s landmark Supreme Court LGBT rights ruling

June 16, 2020 | by Eric B. Meyer

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Photo by Sharon McCutcheon on Unsplash

As you’ve no doubt heard by now, yesterday, the Supreme Court ruled 6-3 that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964. Title VII is the federal workplace law that forbids discrimination based on sex.

It’s okay to invite employees to request disability accommodations, plus other brand new EEOC COVID-19 guidance!

June 12, 2020 | by Eric B. Meyer

Image by Oberholster Venita from Pixabay

As a best practice, and in advance of having some or all employees return to the workplace, are there ways for an employer to invite employees to request flexibility in work arrangements?

That’s the first of six coronavirus-related questions that the EEOC answered yesterday as part of its oft-updated “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” Continue reading

George Floyd and six resources that employers can use now to combat racism

June 3, 2020 | by Eric B. Meyer

Image by John Hain from Pixabay

To be quite honest with you, I’m somewhat bewildered. Continue reading

There’s no maybe about it. Here’s why, for sure, COVID-19 is an ADA disability. Probably.

June 1, 2020 | by Eric B. Meyer

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Photo by cottonbro from Pexels

On March 27, 2020, the U.S. Equal Employment Opportunity Commission hosted an “Ask the EEOC” webinar exclusively addressing the EEO laws in the time of the COVID-19 pandemic.

One of the questions asked was whether COVID-19 is a disability under the Americans with Disabilities Act.

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