Search
The Employer Handbook BlogCan a non-employee sue under Title VII as the target of the retaliation against his child?
Image Credit: https://pixy.org/528010/
I’ve got a hypothetical situation for you. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Here is a page from the COVID-19 ADA accommodation playbook
By John Dorwin – <span class=”int-own-work” lang=”en”>Own work</span>, Public Domain, Link
In its recent COVID-19 Americans with Disabilities Act guidance, the U.S. Equal Employment Opportunity Commission encouraged that employers be flexible in determining accommodations for employees during the pandemic. Some suggestions included temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment to permit an individual with a disability to perform the essential functions of the job safely.
One employer may be learning this lesson the hard way. Continue reading
Jacob Blake, racism, and what it means to be on the right side of history
Image by Jody Davis from Pixabay
On Wednesday evening, the players on the NBA’s Milwaukee Bucks shocked us all. Continue reading
1,250,000 reasons to take all complaints of race discrimination seriously
Two black employees complain to a supervisor that a white co-worker is taunting them with racial pejoratives.
What do you do? Continue reading
Can a business legally require face masks in the workplace? Would sarcasm change the answer?
Image by Hatice EROL from Pixabay
Let’s find out… Continue reading
An indefinite leave of absence may be an ADA reasonable accommodation. Wait, WHAT?!?
Image by ErikaWittlieb from Pixabay
As employment lawyers, we counsel clients that there is no one-size-fits-all approach to requests for reasonable accommodation under the Americans with Disabilities Act. Indeed, they are very fact-specific. Although, there is one fundamental immutable truth; namely, a request for an indefinite leave of absence is never reasonable under the ADA.
Or so, I thought. Continue reading
COVID-19 doesn’t prevent claims of sexual harassment. Just ask a certain hockey mascot. 🏒🦁
We’re in the middle of a pandemic. While telework and ‘social distancing’ don’t eliminate the possibility of a sexual harassment claim, let’s face it, we’re not exactly in the same #MeToo world as we were last year. But that doesn’t mean that businesses can take sexual harassment any less seriously.
Because you never know when an incident may arise. Like maybe…
It’s a mini COVID-19 Q and A! (Before I see y’all on Zoom today at Noon EDT.)
Before we see what’s in the mailbag, here’s your final reminder to register (here) for today’s free Zoom session at Noon EDT today with me and some of my friends from the EEOC. We’re going to be talking mediation, pro-tips, and the new pilot program. Continue reading
Must you consider transferring a problem employee before lumping him in a COVID-19 reduction in force?
I’m reminded of the Mötley Crüe hit Same ‘Ol Situation (S.O.S.). The actual lyrics have nothing to do with employment law — sexual harassment, maybe? — but I digress… Continue reading
I have new guidance for employees struggling with substance abuse issues during this pandemic
(U.S. Air Force photo illustration/Tech. Sgt. Mark R. W. Orders-Woempner)
Technically, the new guidance is from the EEOC. But, since this is my blog, I’ll take credit for sharing it.