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A few years ago, one of my colleagues emailed me and asked if I would review a particular question on a client’s job application. Specifically, the client wanted to know whether a certain health-related inquiry was something the client could do before extending a conditional offer of employment.

Well, not only was this particular question unlawful, so were the other four I found on the job application. They all violated the Americans with Disabilities Act. Every. Damn. One. 

But, was this an anomaly? If we drained the ADA-noncompliance swamp, would we only find this employer?

My bottles of Drakkar Noir and left arm adorned in shiny Rowleckses says, “No.”  Continue reading

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I imagine that, among the reasons that victims fear complaining about sexual harassment, is that spotlight may shine a little too brightly on them.

For example, when a plaintiff in a Title VII case claims emotional distress from sexual harassment, the source(s) of that pain will be under the microscope. Questioning on this issue could spill into the plaintiff’s social media activities.

But how far will a court allow this to go? Continue reading

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STACKED_0Yesterday was Giving Tuesday. According to Wikipedia, Giving Tuesday is a movement to create an international day of giving at the beginning of the Christmas and holiday season. Well, since I’m a self-promoting, selfish you-know-what, I missed it.

Feeling bad, and hoping to corner the “Belated Giving Tuesday” (a/k/a Wednesday) market, I’m gonna appeal to your sense of charity to consider donating to a worthy cause. No, I’m not shilling for my kids’ iPhone X fund. Rather, I’m asking that you consider donating to the Homeless Advocacy Project (HAP). Continue reading

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Hi there.

Did you have a nice Thanksgiving?

Notwithstanding Thursday’s feast, I rallied hard over the weekend. Indeed, I needed my energy up to check some boxes on my older daughter’s Christmas list. (She claims that number one is commonplace in Canada. I’m not so sure).

But, I’m taking a break from the shopping to wax employment law for you. Today, I want to get into LGBT rights at work. Continue reading

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One of your supervisors has just been accused of sexual harassment. Rather than spend the money to litigate the case, your company decides to settle. Let’s go through the standard provisions:

  • Settlement payment
  • General release
  • Non-admission
  • Mutual non-disparagement
  • Mutual confidentiality

Ah, not so fast on that last one if your business is in the Commonwealth of Pennsylvania. Continue reading

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