It’s late Sunday night. I just finished the Walking Dead mid-season finale (no spoilers) and I’m catching up on the latest news about Carson Wentz’s knee.
And somehow I managed to pull myself out of the fetal position to type this post. Continue reading
For those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?
Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading
noogie || noun noog·ie \ ˈnu̇-gē \
According to Merriam Webster, a “noogie” is the act of rubbing one’s knuckles on a person’s head so as to produce a mildly painful sensation.
But, could a noogie be considered an act of retaliation under Title VII of the Civil Rights Act of 1964?
(Hey, what did you expect? It can’t be Harry Potter around here every day.) Continue reading
Not even close to that fun.
No, it’s about a guy who got fired after his employer concluded that he had gained unauthorized access to its electronic files. It just so happens that the plaintiff accessed those files to assist his employer in defending two discrimination actions that other employees had pending against the employer. Either way, because of the firing, the plaintiff alleged retaliation.
How can firing an employee who is trying to help his employer with discrimination claims be considered retaliatory? See, e.g., the headline of today’s blog post.
I’ll explain. Continue reading
Got that?
It’s not just people who fabricate complaints of discrimination at work, but those whom you believe fabricated discrimination claims.
Everybody, roar it with me, “Yassssss!”
You wouldn’t fire someone because they complained to you about sexual harassment at work. For starters, that would violate Title VII of the Civil Rights Act of 1964.
But, Title VII’s anti-retaliation provisions are much broader than that.
As in faster than an employee can complain about discrimination to HR or to the EEOC.
Nope, no clickbait here. And no irony in the lede either.
Plus, I feel like I’ve seen this one before.
Starting tomorrow.
Today, let’s talk about the employee who claimed sexual harassment because her male co-worker constantly stared at her with an erection — which she subsequently photographed and showed to other co-workers, and all of that morphed into a retaliation claim.
So, basically, this post will be like a sophisticated bar exam question.
These are the key allegations underpinning ***Googles “underpinning”*** yes, underpinning a complaint filed in California against luxury retailer Versace.
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