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The Employer Handbook BlogCan a business legally require face masks in the workplace? Would sarcasm change the answer?
Image by Hatice EROL from Pixabay
Let’s find out… Continue reading
Articles Posted in Discrimination and Unlawful Harassment
An indefinite leave of absence may be an ADA reasonable accommodation. Wait, WHAT?!?
Image by ErikaWittlieb from Pixabay
As employment lawyers, we counsel clients that there is no one-size-fits-all approach to requests for reasonable accommodation under the Americans with Disabilities Act. Indeed, they are very fact-specific. Although, there is one fundamental immutable truth; namely, a request for an indefinite leave of absence is never reasonable under the ADA.
Or so, I thought. Continue reading
COVID-19 doesn’t prevent claims of sexual harassment. Just ask a certain hockey mascot. 🏒🦁
We’re in the middle of a pandemic. While telework and ‘social distancing’ don’t eliminate the possibility of a sexual harassment claim, let’s face it, we’re not exactly in the same #MeToo world as we were last year. But that doesn’t mean that businesses can take sexual harassment any less seriously.
Because you never know when an incident may arise. Like maybe…
It’s a mini COVID-19 Q and A! (Before I see y’all on Zoom today at Noon EDT.)
Before we see what’s in the mailbag, here’s your final reminder to register (here) for today’s free Zoom session at Noon EDT today with me and some of my friends from the EEOC. We’re going to be talking mediation, pro-tips, and the new pilot program. Continue reading
Must you consider transferring a problem employee before lumping him in a COVID-19 reduction in force?
I’m reminded of the Mötley Crüe hit Same ‘Ol Situation (S.O.S.). The actual lyrics have nothing to do with employment law — sexual harassment, maybe? — but I digress… Continue reading
I have new guidance for employees struggling with substance abuse issues during this pandemic
(U.S. Air Force photo illustration/Tech. Sgt. Mark R. W. Orders-Woempner)
Technically, the new guidance is from the EEOC. But, since this is my blog, I’ll take credit for sharing it.
Can you fire an HR Manager for encouraging co-workers to sue the company for discrimination?
Good thing I added a few extra servers today, juuuuuuuust in case I had a few extra clicks on this blog post. Continue reading
Happy 30th Birthday to the Americans with Disabilities Act
Thirty years ago — technically, thirty years ago yesterday — President George H.W. Bush signed the Americans with Disabilities Act into law to protect the rights of individuals with disabilities.
Continue reading
After tweeting support for Nick Cannon, a remorseful NBA player’s words and actions earn him a well-deserved second chance
Anti-discrimination law focuses on the impact that bad acts have on victims, not on whether the actor intended the consequences of his actions. That’s why many employment lawyers caution employer-clients against second chances for employees that do things that others perceive as discriminatory.
Three important employment law lessons from ViacomCBS firing Nick Cannon for anti-Semitic remarks
Earlier this week, ViacomCBS announced that it had severed ties with Nick Cannon over anti-Semitic remarks he made recently on this episode of his YouTube podcast “Cannon’s Class.” Continue reading