Discrimination and Unlawful Harassment

Does your sexual harassment training include this important topic? If not, it should.

June 10, 2019 | by Eric B. Meyer

More than ever, American workplaces are emphasizing diversity by targeting hires of different races, religions, ethnicities, genders, cultural and educational backgrounds, work experience, etc. This variety promotes different viewpoints, better problem-solving, a just a more dynamic workplace. Generally, this results in businesses attracting better talent, reducing turnover, and improving the brand and reputation.

But, with different backgrounds may come a different appreciation of social norms.

I have an example for you.

Retaliation can come in many shapes and sizes

June 7, 2019 | by Eric B. Meyer

By Jfacew at the English Wikipedia, CC BY-SA 3.0, Link

Let’s say that you learn that one of your employees is testifying as a witness in a discrimination case against another company in your industry. That doesn’t sit right with you. So, you tell this employee that you’ll fire him if he testifies.

Is that legal? Or is that, perhaps, retaliation? Continue reading

I’m a wizard, apparently, plus four other employment law takeaways from yesterday’s SCOTUS decision.

June 4, 2019 | by Eric B. Meyer

Image by Ivorytowers from Pixabay

Damn, I’m good! Continue reading

Eminem’s take on federal anti-discrimination administrative exhaustion requirements. Probably.

June 3, 2019 | by Eric B. Meyer

Mika-photography [CC BY-SA 3.0], via Wikimedia Commons

“Look, if you had one shot, one opportunity, to seize everything you ever wanted – one moment. Would you capture it or just let it slip?“ Continue reading

“An employee who has suffered a heart attack has enough to deal with without having to face unlawful discrimination and unemployment.”

May 30, 2019 | by Eric B. Meyer

Image by InspiredImages from Pixabay

Continuing yesterday’s HR Compliance 101 theme, I revisited the EEOC Newsroom and found a recent release that addresses some considerations for when you have an employee that needs leave from work to treat for an illness.

Today’s lesson is a pragmatic and compassionate approach to providing accommodations under the Americans with Disabilities Act.

Grab the tack hammer. It’s the ‘Tommy Boy’ of employment discrimination stupid.

May 29, 2019 | by Eric B. Meyer

Image Credit: Tommy Boy (screenshot from Vimeo.com)

Last week, I wavered about whether to include a line from Tommy Boy in a brief that I was drafting:

“I tell ya what. If you don’t know how to fasten your seatbelt, just raise your hand and I’ll have Tommy Boy here come back there and hit you in the head with a tack hammer.”

Ultimately, I decided that it was bad form. One could reasonably construe my use of that quote as antagonizing and bit snarky. Moi?!?

So, I’m using it for this blog post instead. Continue reading

2020 presidential candidate Kamala Harris just floated ‘the most aggressive equal pay proposal in history.’

May 22, 2019 | by Eric B. Meyer

United States Senate [Public domain], via Wikimedia Commons

Yep, this plan packs a punch. Continue reading

What does a $3.3M jury verdict for race discrimination by a strip club look like? I’ll show you.

May 21, 2019 | by Eric B. Meyer

Image Credit: Google Street View

It doesn’t look so good if you are the defendant. Continue reading

The House passed the Equality Act to protect LGBT rights at work. Here’s why it won’t become law.

May 20, 2019 | by Eric B. Meyer

sharon-mccutcheon-516755-unsplash-1024x673

Photo by Sharon McCutcheon on Unsplash

Allow me to explain.
Continue reading

Examples of pregnancy accommodations include shift changes, rest breaks and, oh yeah, open-toed shoes.

May 16, 2019 | by Eric B. Meyer

Manolo Blahnik on Whitney Port Shankbone 2009 Tribeca.jpg

By David Shankbone – Own work, CC BY 3.0, Link

Yesterday’s post was all about the breadth of the Pregnancy Discrimination Act (PDA). We addressed a situation in which a plaintiff alleged that her employer fired her for seeking an abortion. The court concluded that, if true, the employer’s actions would have violated the PDA.

(The employer ultimately prevailed on the PDA claim because it had a non-discriminatory reason for firing the plaintiff.)

Today, let’s shift focus to accommodations under the PDA. Continue reading