Back by popular demand because, frankly, no one is reading this blog today anyway, I’m putting the kids to bed early and getting an early start on Amateur Night keeping up The Employer Handbook tradition of ranking the foods that you will eat tomorrow. Continue reading

A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.

Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading

Code 3 combination LED ^ rotating beacons - Flickr - Highway Patrol Images

Highway Patrol Images [CC BY 2.0], via Wikimedia Commons

Maybe you’ve been reading this employment law blog for years. Or today could be your first time here. (What took you so long?) You may be a licensed attorney, an HR professional, or just a blog groupie on the dark path to a restraining order. Whatever your background and experience, I’m guessing that you can determine whether the plaintiff I’m about to describe to you, a former Ohio police trooper, has a viable claim for race discrimination. Continue reading

Seal of the United States Equal Employment Opportunity Commission.svg

By U.S. Government – Extracted from PDF file here., Public Domain, Link

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.

The EEOC believes that the use of criminal record history and other background checks can have a disparate impact by disproportionately screening out certain minorities without any business-related need.

After several potholes and speedbumps trying to enforce its guidance in the courtroom against employer-defendants, the EEOC has finally won a big race. Continue reading

Wedding rings

Jeff Belmonte from Cuiabá, Brazil [CC BY 2.0], via Wikimedia Commons

The Family and Medical Leave Act provides eligible employees with up to 12 workweeks of job-protected leave during any 12-month period for specified family and medical reasons. But, if two spouses work for the same company, maybe, not so much.

Continue reading

“Doing What’s Right – Not Just What’s Legal”