Articles Posted in Discrimination and Unlawful Harassment

Three strikes and the EEOC guidance on background checks is out (or close to it).

August 14, 2019 | by Eric B. Meyer

In 2012, the EEOC issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII. The purpose of the Guidance was to help eliminate barriers in recruitment and hiring to ensure that companies running these background checks weren’t disparately impacting minorities.

Although well-intentioned, in practice, courts did not receive the Guidance well. Continue reading

When do (or don’t) Facebook posts create a hostile work environment?

August 9, 2019 | by Eric B. Meyer

By Nut-hardware.jpg: Muke derivative work: Xoristzatziki (talk) – Nut-hardware.jpg, Public Domain, Link

I can tell you this. It takes more than a few posts from a couple of ‘Wingnuts.’

Blame it on the a a a a a alcohol

August 8, 2019 | by Eric B. Meyer

Image by Social Butterfly from Pixabay

When can you ask an employee if s/he has a problem with alcohol? Continue reading

Are you an HR department of one? The EEOC has your back with this great free resource.

August 7, 2019 | by Eric B. Meyer

Image by Mediamodifier from Pixabay

I don’t envy you.

If I were an HR department of one, I’d crash and burn. To wit, no one has ever accused me of putting the ‘human’ into human resources. Continue reading

How many things can you find wrong with this picture?

August 6, 2019 | by Eric B. Meyer

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Remember those “what’s wrong with this picture” games that we played as children? Something like this.

Last night, I found the employment law equivalent from this recent Sixth Circuit opinion. Continue reading

Filling out those EEO-1s stinks. But, it could be worse…

August 1, 2019 | by Eric B. Meyer

Seal of the United States Equal Employment Opportunity Commission.svg

By U.S. Government – Extracted from PDF file here., Public Domain, Link

I want to give a little shoutout to the U.S. Equal Employment Opportunity Commission, with whom I am spending the day today in Atlanta at the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference.

So, today’s post is chock full of recent EEOC news and notes. Continue reading

Does over-accommodating an employee’s disability expose your business to ADA claims?

July 30, 2019 | by Eric B. Meyer

By Flickr user Tyler Silvest Wikideas1 (talk) 21:43, 7 November 2016 (UTC) – Here, CC BY 2.0, Link

Well, it could.

But, will the plaintiff win? That’s a different story. Continue reading

Harassment training entirely via text message. Could this actually work?

July 25, 2019 | by Eric B. Meyer

Image by fajar budiman from Pixabay

Yesterday, I received an unsolicited email from a company called Pluto.

Pluto claims to offer a text message harassment training course that helps startups get compliant in less than 5 minutes a day. Continue reading

Can sexual harassment investigations create an intolerable and hostile work environment for the harasser?

July 24, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (http://photofunia.com/results/5d37ca3746867947238b45bf)

Sympathetic: sym·pa·thet·ic Continue reading

The case of Al Franken and why good workplace investigations are so darn important

July 23, 2019 | by Eric B. Meyer

CC BY 3.0

via Wikimedia Commons

Yesterday, The New Yorker published Jane Mayer’s piece entitled “The Case of Al Franken,” which is “a close look at the accusations against the former senator.”

TL;DR

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.