Discrimination and Unlawful Harassment

No, the Americans with Disabilities Act does not require accommodating CBD use

September 18, 2020 | by Eric B. Meyer

Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of the job.

But, what about using cannabidiol (CBD) instead — like with a teensy bit of THC that’s not enough to get anyone high? Continue reading

If you could design the perfect “Return to Work from COVID-19” HR-compliance presentation…

September 17, 2020 | by Eric B. Meyer

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Photo by Science in HD on Unsplash

Ok, confession time.

I’ve procrastinated on preparing the slide deck for my upcoming presentation, A Return to Work from COVID-19: EEO and Other Employment Law Considerations, for the U.S. Equal Employment Opportunity Commission. Continue reading

I’m checks notes supporting a member of the Dallas Cowboys??? Yep.

September 16, 2020 | by Eric B. Meyer

Jeffrey Beall / CC BY

Allow me to explain — at least before you call the police and have me hauled off to Philadelphia Eagles prison. Continue reading

Here are the results of the diversity, equity, and inclusion survey. You may be surprised…

September 11, 2020 | by Eric B. Meyer

Image by Prohibition to publish images as your work in photobanks! from Pixabay

On the heels of the federal government announcing that it will change how it trains federal workers on diversity, equity, and inclusion (DEI), thank you to the hundreds of readers that took a few minutes to respond to this anonymous survey about DEI efforts in your workplace.

Below are the survey results. (If you are viewing this in an email, you’ll need to download the images.) I’ll add my commentary at the end.

VLOG time! The EEOC dropped some new-ish COVID-19 guidance for employers.

September 9, 2020 | by Eric B. Meyer

Connetmiller / CC BY

You can either read it here. Or, you can relax with a morning ~~scotch~~ latte and watch me explain it in this latest video from The Employer Handbook YouTube Channel. (Click here to subscribe).

Either way, enjoy! Continue reading

The government plans to change how it trains employees on issues of race

September 8, 2020 | by Eric B. Meyer

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This two-page memo from the Executive Office of the President made several headlines on Friday. Continue reading

Can a non-employee sue under Title VII as the target of the retaliation against his child?

September 2, 2020 | by Eric B. Meyer

Image Credit: https://pixy.org/528010/

I’ve got a hypothetical situation for you. Continue reading

Here is a page from the COVID-19 ADA accommodation playbook

August 31, 2020 | by Eric B. Meyer

By John Dorwin – <span class=”int-own-work” lang=”en”>Own work</span>, Public Domain, Link

In its recent COVID-19 Americans with Disabilities Act guidance, the U.S. Equal Employment Opportunity Commission encouraged that employers be flexible in determining accommodations for employees during the pandemic. Some suggestions included temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment to permit an individual with a disability to perform the essential functions of the job safely.

One employer may be learning this lesson the hard way. Continue reading