Articles Posted in Discrimination and Unlawful Harassment

500,000 dollars, err, reasons not to stereotype women in traditionally male-dominated industries

August 5, 2021 | by Eric B. Meyer

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When many people think of a “motorcycle enthusiast,” they imagine someone in sunglasses, a leather vest, jeans, boots, and lots of facial hair. And while that describes my Aunt Helen, most folks picture someone like the guy in the photo.

By the way, I don’t have an Aunt Helen. If I did, she’d likely consider me a great disappointment to the Meyer name as I don’t ride a motorcycle — unless the sidecar somehow counts.

Does federal law forbid discrimination based on interracial relationships? Two courts disagree.

August 2, 2021 | by Eric B. Meyer

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Image Credit: MaxPixel.net

A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant.

Is this retaliation? Continue reading

44 million more reasons to properly define essential job functions and explore reasonable accommodations. And it’s the SAME EMPLOYER!!! 😲😨🤯

July 23, 2021 | by Eric B. Meyer

booledozer, CC0, via Wikimedia Commons

On Wednesday, I posted about a $250K Arkansas federal jury verdict against an employer for violating the Americans with Disabilities Act.

Well, you’ll never believe this! Earlier in the month, another federal jury in Wisconsin concluded that the same employer had violated the ADA. But this wasn’t any piddling $250K verdict. No, sir. The jury awarded $3,670,000 in compensatory damages and another $40,300,000 in punitive damages.

Back up the armored car! Continue reading

250,000 reasons to consider a reasonable accommodation — even if the employee can perform his job duties anyway

July 21, 2021 | by Eric B. Meyer

Jami430, CC BY-SA 4.0, via Wikimedia Commons

Once during mediation, a federal judge asked me if I knew which type of discrimination jurors hated the most? I thought maybe age discrimination or retaliation, which jurors could either relate to personally or through a spouse or parent.

“No,” said the federal judge. “The answer is discrimination against veterans.” Continue reading

Can you legally fire a “victim” whom you honestly believe has fabricated a discrimination complaint at work?

July 20, 2021 | by Eric B. Meyer

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Image Credit: Piqsels.com (CC0 public domain license)

Let’s answer one of the most common questions that I receive when I speak at HR events. Continue reading

Some of your employment arbitration agreements may not be worth much soon. Here’s why.

July 19, 2021 | by Eric B. Meyer

Image by Adam Radosavljevic from Pixabay

When it comes to politics, there is not much on which the two sides of the aisle see eye to eye. I’ll admit it, several of my blog posts about new bills in Congress may grab your attention. However, they have little chance at becoming law. In ~~the blogging business~~ nerd writing, we call that ~~attention seeking~~ “clickbait.”

Today’s post is not clickbait. Continue reading

Because you asked, I’ve got so many great trans-inclusive resources for you and your workplace today

July 15, 2021 | by Eric B. Meyer

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

One of your employees objects to using transgender co-workers’ personal pronouns. Now what?

July 14, 2021 | by Eric B. Meyer

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

Here’s a list of things that don’t count as retaliation, starting with making faces.

July 7, 2021 | by Eric B. Meyer

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

An employment lawyer’s take on track star Sha’Carri Richardson’s suspension for using marijuana

July 6, 2021 | by Eric B. Meyer

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

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