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The Employer Handbook BlogAn employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!?
The U.S. Army employed a “septuagenarian civilian doctor.”
Well, at least it used to. Continue reading
Articles Posted in Hiring & Firing
REMINDER: Employers can start filing their 2022 EEO-1 Reports
Just as I had finished raiding my kids’ hauls for all the Butterfingers and 100 Grands, it was at that moment that I remembered that the sweetest part of Halloween, the real HR nerd candy, was that the U.S. Equal Employment Opportunity Commission had announced the opening of 2022 EEO-1 Component 1 Data Collection.
Then, I grabbed a few mini boxes of Nerds too. Continue reading
I’ll give you a million reasons not to ask employees and applicants about family medical history
The Genetic Information Nondiscrimination Act (GINA) forbids discrimination against employees or applicants because of genetic information. Specifically, Title II of GINA prohibits using genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information.
While GINA has been in effect for over ten years, it gets very little attention. Employees bring fewer discrimination charges under GINA than any other federal antidiscrimination statute that the U.S. Equal Employment Opportunity Commission administers. But that doesn’t make it any less important or expensive when violations arise.
Check this out. Continue reading
On Instagram, an ER doctor said Israelis got “a taste of their own medicine.” CORRECTION: Former ER doctor.
A doctor whose job is to administer potentially life-saving medicine to patients, among them Jews, was reportedly fired after celebrating the massacre of Israelis by the Islamist terror group Hamas. Continue reading
Law student BLAMES ISRAEL for Hamas terrorism. Law firm promptly RESCINDS student’s JOB OFFER.
According to published reports, like this one from the Daily Mail, an Am Law 100 law firm rescinded a job offer to the president of a law school’s student bar association after learning that the student stated that Hamas’ slaughter of children in Israel was ‘necessary.’ Continue reading
Talent acquisition specialist fired after video surfaces of her xenophobic rant on a train
According to reports, a pharmaceutical company fired one of its senior talent acquisition specialists last week after she appeared in a viral video on a New Jersey Transit train calling a small group of German men “f—ing immigrants and telling them to “get the f— out of our country.”
Thinking about a mutual non-disparagement provision in a separation agreement? Read this!
I’ve drafted plenty of employee separation agreements. Continue reading
An accused sexual harasser thought he had smoking-gun evidence of race discrimination. As it turns out, however…
…the plaintiff missed the mark. Badly.
On the plus side, I get a blog post out of it.
WARNING: This could be one of my nerdiest FMLA posts yet.
At a bench trial in a Virginia federal court in 2021, with only a Family and Medical Leave Act interference at stake, the judge concluded, “[I]t’s obvious that there is definitely liability because there was clearly a violation of the FMLA. I mean, there’s just no question about it.”
But when the plaintiff asked the court to award her front and back pay, it denied her any relief in connection with the defendant’s failure to promote her after returning from medical leave.
Huh?