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The Employer Handbook BlogCan you fire an employee who knowingly comes to the office with COVID-19?
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TL;DR – Damn skippy, you can. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
10 million more reasons not to account for age when returning employees to work.
About a week or so ago, the U.S. Equal Employment Opportunity Commission reminded employers that federal anti-discrimination law does not require that businesses accommodate older workers due to their age if, for example, they need help returning to work. I wrote about that here.
But, here’s the thing. Continue reading
If you permit Black Lives Matter apparel at work, does that mean White Lives Matter is ok too?
Yesterday’s post about employees wearing Black Lives Matter apparel at work was a bit of a lightning rod.
While all of the comments I received were respectful — thank you! — some questioned whether allowing employees to wear BLM face masks, pins, and insignia to work would open the door to others showing support for “White Lives Matter.”
Well, sure enough, between yesterday’s blog post and this one, that’s what we got. Continue reading
Is it legal to forbid employees from wearing Black Lives Matter face masks or insignia at work?
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If you’ve read the news recently, you may have seen stories like this one and this one about large businesses that had policies against employees wearing pro-BLM clothes and apparel. In those two examples, each of the companies has since changed its policies. You can read more about that here and here.
But, let’s say that your business still wanted to ban employees from wearing Black Lives Matter masks or symbols at work.
COVID-19 antibody testing as a condition of returning to work? Bwahahahahahahahahahaha!!!
I’ve got something to tell you. I’m coming clean. Are you ready?
Here it is. Continue reading
The five quotes that define and transcend yesterday’s landmark Supreme Court LGBT rights ruling
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As you’ve no doubt heard by now, yesterday, the Supreme Court ruled 6-3 that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964. Title VII is the federal workplace law that forbids discrimination based on sex.
It’s okay to invite employees to request disability accommodations, plus other brand new EEOC COVID-19 guidance!
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As a best practice, and in advance of having some or all employees return to the workplace, are there ways for an employer to invite employees to request flexibility in work arrangements?
That’s the first of six coronavirus-related questions that the EEOC answered yesterday as part of its oft-updated “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” Continue reading
George Floyd and six resources that employers can use now to combat racism
To be quite honest with you, I’m somewhat bewildered. Continue reading
There’s no maybe about it. Here’s why, for sure, COVID-19 is an ADA disability. Probably.
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On March 27, 2020, the U.S. Equal Employment Opportunity Commission hosted an “Ask the EEOC” webinar exclusively addressing the EEO laws in the time of the COVID-19 pandemic.
One of the questions asked was whether COVID-19 is a disability under the Americans with Disabilities Act.
Can your business require a customer to wear a mask? What if she has trouble breathing?
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Good questions? And, not coincidentally, the subject of a lawsuit just filed in a Pennsylvania federal court. Continue reading