Articles Posted in Discrimination and Unlawful Harassment

Stress headaches caused by a particular supervisor aren’t enough to establish a disability because…

March 5, 2020 | by Eric B. Meyer

The Americans with Disabilities Act protects applicants and employees from disability discrimination. When the Americans with Disabilities Amendments Act took effect in 2009, Congress lowered the bar for what constitutes a disability. Indeed, it’s gotten so low, that my usual advice to clients is not to sweat whether someone has a disability. Continue reading

The EEOC has just weighed in on what employers should know about the Coronavirus and the ADA

March 4, 2020 | by Eric B. Meyer

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I’ve seen enough “What employers should know about the Coronavirus” blog posts to know that I’m sick and tired of reading them.

But then the U.S. Equal Employment Opportunity Commission posted a Coronavirus update yesterday. And since I like clickbait as much as the next blogger, I’m going to summarize the EEOC’s Guidance for you today. Continue reading

A college recruiter was fired for allegedly lining up high school students by complexion and nappiest hair.

March 2, 2020 | by Eric B. Meyer

Image Credit: Wokandapix (pixabay.com)

Do you ever wonder what the heck is wrong with people sometimes? Of course, you do; you’re in human resources. Continue reading

When can you ask an employee with a disability for more medical information?

February 28, 2020 | by Eric B. Meyer

Image by mcmurryjulie from Pixabay

Every once in a while, a different client calls me with the same Americans with Disabilities Act question, “Eric, our employee tells us that she has a disability and needs and accommodation. Can we ask for medical documentation to help us evaluate whether an accommodation request is reasonable?”

Yep. Continue reading

Does complying with the ADA mean offering short breaks to employees who have angry outbursts?

February 25, 2020 | by Eric B. Meyer

Image by CryptoSkylark from Pixabay

Let’s say that you have an employee prone to angry outbursts. Sound familiar? Continue reading

I have a copy of the EEOC’s ‘top secret, classified, confidential’* priorities for 2020. Want to see it?

February 24, 2020 | by Eric B. Meyer

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Photo by Tayeb MEZAHDIA from Pexels

*And by ‘top secret, classified, confidential,’ I mean readily available from the U.S. Equal Employment Opportunity Commission’s publicly accessible website (here).

And also, here and here.

This, right here, is some of the most messed up retaliation (allegedly). And it all settled for a cool milli.

February 21, 2020 | by Eric B. Meyer

Image by Clker-Free-Vector-Images from Pixabay

Technically, they settled for $1.15M. But, that won’t stop me from playing some ‘Lil Wayne. Continue reading

Governor Phil Murphy wants an “overhaul” of the New Jersey Law Against Discrimination

February 19, 2020 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5e4c9a4e089f7a2b888b45b4)

And I want to try “The Perfect Bite” that Binging With Babish cooked up last week on his YouTube channel. Here is what his duck carbonara looked like.

But, Governor Murphy’s proposed changes to the New Jersey Law Against Discrimination (LAD) aren’t nearly as aspirational. Continue reading

A federal court just killed collection of EEO-1 employee pay data dead. Happy Tuesday.

February 11, 2020 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5e41ee23089f7ab90a8b4591)

It was all a dream. ~~I used to read Word Up! magazine. Salt-n-Pepa and Heavy D up in the limousine.~~

I guess Notorious B.I.G. wasn’t exactly rapping about the U.S. Equal Employment Opportunity Commission requirement for employers with one hundred or more employees to file with the EEOC the “Employer Information Report EEO-1”. Continue reading

But, the baby! 27,000 more reasons not to stop pregnant women from working.

February 6, 2020 | by Eric B. Meyer

Image by Jim Gade from Pixabay

Nearly three years ago to the day, I provided 55,000 reasons to allow your pregnant employees to be exposed to toxic chemicals at work. Continue reading

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.