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The Employer Handbook BlogCan your business dodge an EEOC discrimination claim by closing and opening under a new name?
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If you got to this page via Google, please don’t call or email me. 😉
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Articles Posted in Discrimination and Unlawful Harassment
For how much did one of the most important employment cases of 2020 just settle?
Image by Mike Braun from Pixabay
On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate based on sex, also prohibits discrimination based on sexual orientation and transgender status. It was a landmark opinion.
One of the actions consolidated into the Bostock action was EEOC v. R.G. & G.R. Harris Funeral Homes. The EEOC argued specifically that Title VII prohibits discrimination based on transgender status. On November 30, 2020, it settled.
And I’ve got all the details for you. Continue reading
Want three ways to improve employment of U.S. veterans with disabilities? The EEOC has got your back.
Image by Shonda Ranson from Pixabay
Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them.
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HELP! My employee with a disability wants a reassignment to an open position. (But, we have a better internal candidate.)
Image Credit: reassign by Ralf Schmitzer from the Noun Project
Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue to explore possible reasonable accommodations. After a lot of back and forth, the only possibility is a transfer to another director position.
Except, here’s the thing. Continue reading
That time when all the employment lawyers got paid and the litigants got zilch!
Image by Clker-Free-Vector-Images from Pixabay
Just about the only folks guaranteed to get paid in an employment discrimination case are the lawyers. Continue reading
The EEOC has a new 114-page religious discrimination playbook. But, 2 of those pages got me like 🤔🤔🤔
Sowlos, CC BY-SA 3.0, via Wikimedia Commons
Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had released for public comment this new draft guidance on religious discrimination in the workplace. Continue reading
He used the “N”-word twice . . . and may just win his race discrimination claim too?!?
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A black man who was fired after recording a rap song, claims that his race — not his use of the “N”-word twice in the video — motivated his employer to end his employment.
And, according to a federal judge in California, he may be right.
Five ways that a Biden presidency may reshape employment law and HR-compliance
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Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons
Once the networks called the presidential election for Joe Biden over the weekend, something dawned on me. Maybe, I should write about how the new administration may impact employment law.
I mean, what other employment lawyer/blogger would think to do that? Dibs! Continue reading
She settled her disability discrimination claim for cash and a lateral transfer. Then she sued for . . . retaliation?!?
Alexas_Fotos on Pixabay
If I felt a little snarkier, I would have gone with this instead of the confused emoji. Continue reading
The Holocaust denier I wrote about last year got re-hired — and then fired AGAIN!
Last year, I wrote here about a Florida high school principal who was fired because, allegedly, he refused to say the Holocaust happened because “not everyone believes” it actually occurred. Continue reading