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The Employer Handbook BlogToday at the Supreme Court, LGBT rights at work take center stage.
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It’s been a while since the Supreme Court weighed in on a big-time employment-law issue. That’s about to change.
Articles Posted in Discrimination and Unlawful Harassment
8 examples of employee retaliation claims that courts reject.
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Retaliation is one of the most common employment claims pursued in court. Indeed, it’s the #1 claim individuals make at the U.S. Equal Employment Opportunity Commission (EEOC).
NJ issues “Guidance on Race Discrimination Based on Hairstyle”
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Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news.
No, a late request for a workplace accommodation doesn’t excuse prior performance issues
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Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation.
Specifically, do you have to excuse prior performance issues that may have been disability-related? The answer was no.
And based on this federal court opinion I read recently, the answer is still no. Continue reading
When is a hostile work environment not a hostile work environment?
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(Eric, have you been drinking Peach Schnapps again?) Continue reading
Let’s have date, you and I. Actually, how about two?
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Please don’t tell my wife. Continue reading
Sometimes, it doesn’t take a law degree to know that an employer may have really screwed something up.
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I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Continue reading
Her resignation letter described a “great experience” at work. Then she sued for hostile-environment constructive discharge.
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Fred the Oyster [Public domain], via Wikimedia Commons
Monster’s advice is pretty spot on. Except, that is, when the individual later decides to assert claims of hostile work environment and constructive discharge.
Because, as you’ll find out in this post, nothing undermines those claims like a thoughtful resignation letter. Continue reading
Hooters 2.0? EEOC says that a lingerie store can’t refuse to hire male salespeople
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A few decades ago, some men sued Hooters Restaurant, claiming that the purveyor of chicken wings, burgers, beer, and shapely female servers in tight, revealing outfits, was discriminating against males who were denied employment as servers.
That case resolved in 1997, with Hooters serving up a multi-million dollar settlement and opening up a few gender-neutral positions at the restaurant.
But, not servers. Continue reading
Four mistakes that you and your managers make when firing employees
sailko [Public domain], via Wikimedia Commons