The Employer Handbook Blog

If an attorney investigates workplace harassment, must the company share the report if it is later sued?

October 8, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/audit-investigation-searching-3608131/)

One of your employees just complained to human resources that a co-worker sexually harassed her. As a responsible employer, you decide not only to investigate the complaint but to engage outside counsel to lead the investigation. Outside counsel investigates. When the investigation ends, outside counsel creates an investigative report.

If the lawsuit follows, must the company share that report with the plaintiff? Continue reading

#MeToo began in late 2017. But, was there really a new surge of sexual harassment claims since? Let’s find out…

October 5, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/)

Yesterday, the U.S. Equal Employment Opportunity Commission released some preliminary sexual harassment data for the fiscal year 2018. Continue reading

Deaf lifeguards, deaf truck drivers, and the dangers of stereotyping an individual with a disability.

October 4, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/truck-18-wheeler-freight-shipping-309398/)

If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard.

(If you haven’t and want a copy of my presentation, well, all you have to do is ask.)

In Keith v. County of Oakland, a deaf individual applied for a lifeguard position at Oakland County’s wave pool, only to be turned away. Allegedly, Oakland County stereotyped Mr. Keith and failed to adequately engage in an interactive process to determine whether, notwithstanding his inability to hear, Mr. Keith could perform the essential functions of the job with or without an accommodation. Continue reading

What have I done? For the love of Fair Credit Reporting Act!!!

October 3, 2018 | by Eric B. Meyer

Image Credit: Pexels.com (https://www.pexels.com/photo/bed-bedroom-room-furniture-2705/)

Last night, I had trouble sleeping. Continue reading

Is it retaliation to fire an HR employee for encouraging a co-worker to file an EEOC charge? Well…

October 2, 2018 | by Eric B. Meyer

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia Commons

I was going to begin this post by telling you more about my weekend trip to Nashville. But since I can hear the sound of thousands of pearls being clutched, I’m not going to bury the lede. Continue reading

Thank you for your comments on whether “overqualified” is code for age discrimination

October 1, 2018 | by Eric B. Meyer

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia Commons

Greetings from Nashville, Tennessee. Continue reading

Is “overqualified” code for age discrimination?

September 28, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/pole-vault-pole-vaulting-pole-vault-2644697/)

There are two sides to this argument. Let’s explore them. Continue reading

Eric’s Wild-n-Crazy HR-Compliance Road Show – Coming atcha!

September 27, 2018 | by Eric B. Meyer

Meyer-Disco

If my wide open collar and disco moves aren’t “gritty” enough for you, well, I can fix that. Continue reading

The EEOC accused a law firm of defending its pregnancy discrimination with more pregnancy discrimination.

September 26, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/bookcase-law-firm-attorney-335850/)

I don’t know how else to describe it.

So, I’m going to quote from the EEOC’s press release, but I’ll conceal the name of the law firm. The law firm that paid $30,000 to settle with the EEOC:

11 steps that you can take now to reduce harassment in your workplace

September 25, 2018 | by Eric B. Meyer

By Derek Jensen (Tysto) – Own work, Public Domain, Link

That sounds more “glass-half-full” than “Don’t be like the Dallas Mavericks: 11 ways to avoid a Sports Illustrated report chronicling twenty years of allegations of sexual harassment and mismanagement in your workplace.”

Yeah, I’m comfortable with the title of today’s blog post. Continue reading