Articles Posted in Discrimination and Unlawful Harassment

The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

January 21, 2020 | by Eric B. Meyer

It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at work, or her arrests for drunk driving and drug possession.

So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. But, the plaintiff who referred to herself at work as “crazy” and “psycho” decided to appeal to the Tenth Circuit Court of Appeals.

And how do you think that went for the plaintiff? Continue reading

A bipartisan federal bill proposes to require nursing mom protections for all female employees.

January 20, 2020 | by Eric B. Meyer

Pete unseth [CC BY-SA]

The Fair Labor Standards Act (FLSA) requires employers with 50 or more employees to provide new moms with reasonable break time and a private place to pump breastmilk.

Well, not all new moms; just the non-exempt workers; i.e., the overtime-eligible employees. But, new bipartisan legislation proposed last week in the Senate will change all that. Continue reading

A customer’s preference for an employee of a certain gender usually does not justify sex discrimination — even at a strip club.

January 16, 2020 | by Eric B. Meyer

at-your-favorite-corner-pub-bar-1024x679

License: CC0 Public Domain

Hypothetically, if I were to go to a gentlemen’s club, I would expect to see women dancing on stage for money. That’s what goes on there, I’m told. Continue reading

The ACLU and U.S. Chamber of Commerce AGREE on something. And it’s a pregnancy discrimination bill?!?

January 14, 2020 | by Eric B. Meyer

Image by Digital Photo and Design DigiPD.com from Pixabay

Repent ye sinners! The apocalypse is nigh! Continue reading

“Smokers and other nicotine users need not apply.” Is that even legal?

January 8, 2020 | by Eric B. Meyer

By Augustus Binu, CC BY-SA 3.0, Link

Because I’m a lawyer, I’ll say it depends. Except, I won’t charge you 0.1 hours of my time to say it. Continue reading

Federal appellate court instructs NLRB to reconsider whether it’s okay for an employee to use sexist language

January 6, 2020 | by Eric B. Meyer

Image by Clker-Free-Vector-Images from Pixabay

Last Summer, the National Labor Relations Board asked the public to help it decide when employees should be allowed to make racist or sexist comments at work.

I would have assumed that the answer is, you know, “never.” But, then again, I don’t make the rules. Continue reading

The Best of The Employer Handbook in 2019 confirms that you readers are STONE COLD SAVAGES!

December 31, 2019 | by Eric B. Meyer

Image by mohamed Hassan from Pixabay

2019 was a busy year for HR compliance. That’s a true statement even if we forget about all that went down in New Jersey. Continue reading

You’ll never guess which state has joined NY and CA by banning grooming and hairstyle discrimination at work

December 20, 2019 | by Eric B. Meyer

By Alexrk – Own work, CC BY 3.0, Link

Water is wet. Grass is green. And, yes, New Jersey remains the employee-rights capital of the East. Continue reading

Finally, the EEOC has come around on arbitration agreements as a condition of employment

December 19, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5dfae5ac089f7ac0528b45a3)

And it only took 22 years. Continue reading

Dammit! They’re practically twisting my arm to blog about union-related stuff.

December 18, 2019 | by Eric B. Meyer

Image by Darrin Kiessling from Pixabay

“So, Meyer thinks his organized-labor blog posts go over like wet farts, does he? Fam, let’s announce one — no, TWO HUGE DECISIONS in one day, and we’ll see how he gets around writing about them. That blogger nerd!” — National Labor Relations Board Chairman John F. Ring, probably.

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