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The Employer Handbook Blog
Articles Posted in Discrimination and Unlawful Harassment
Lawsuit: Does the ADA require an adult film website to accommodate a deaf individual by closed captioning the videos?
In 2020, the Americans with Disabilities Act turns 30. President George H.W. Bush signed it into law in 1990 to ensure civil rights for individuals with disabilities. Chia-Yi Hou at The Hill published a nice 30-year ADA recap here.
The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.
It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at work, or her arrests for drunk driving and drug possession.
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. But, the plaintiff who referred to herself at work as “crazy” and “psycho” decided to appeal to the Tenth Circuit Court of Appeals.
And how do you think that went for the plaintiff? Continue reading
A bipartisan federal bill proposes to require nursing mom protections for all female employees.
The Fair Labor Standards Act (FLSA) requires employers with 50 or more employees to provide new moms with reasonable break time and a private place to pump breastmilk.
Well, not all new moms; just the non-exempt workers; i.e., the overtime-eligible employees. But, new bipartisan legislation proposed last week in the Senate will change all that. Continue reading
A customer’s preference for an employee of a certain gender usually does not justify sex discrimination — even at a strip club.
License: CC0 Public Domain
Hypothetically, if I were to go to a gentlemen’s club, I would expect to see women dancing on stage for money. That’s what goes on there, I’m told. Continue reading
“Smokers and other nicotine users need not apply.” Is that even legal?
By Augustus Binu, CC BY-SA 3.0, Link
Because I’m a lawyer, I’ll say it depends. Except, I won’t charge you 0.1 hours of my time to say it. Continue reading
Federal appellate court instructs NLRB to reconsider whether it’s okay for an employee to use sexist language
Image by Clker-Free-Vector-Images from Pixabay
Last Summer, the National Labor Relations Board asked the public to help it decide when employees should be allowed to make racist or sexist comments at work.
I would have assumed that the answer is, you know, “never.” But, then again, I don’t make the rules. Continue reading
The Best of The Employer Handbook in 2019 confirms that you readers are STONE COLD SAVAGES!
Image by mohamed Hassan from Pixabay
2019 was a busy year for HR compliance. That’s a true statement even if we forget about all that went down in New Jersey. Continue reading
You’ll never guess which state has joined NY and CA by banning grooming and hairstyle discrimination at work
Water is wet. Grass is green. And, yes, New Jersey remains the employee-rights capital of the East. Continue reading