Continuing with yesterday’s theme of appellate courts peeing on the Cheerios of plaintiffs in failure-to-accommodate cases…
Wait, can I say that?
***Checks blogging scriptures***
***burps***
Yep.
I hear many of you are dying for my hot take on how Tenth Circuit Judge Neil M. Gorsuch may shape employment law as a member of the U.S. Supreme Court. Then again, those could be the voices in my head.
***Q-tips***
Ah, that’s better. Where was I? Oh yes, happy Groundhog Day.
The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act.
In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes is misusing FMLA — even if the employer’s suspicion of FMLA fraud turns out to be wrong. That’s not FMLA retaliation.
In a transgender-bias case with an employer-defendant concerned about having to violate its sincerely-held religious beliefs, the employee informed a federal appellate court last week that she is “reasonably concerned that the EEOC may no longer adequately represent her interests going forward.”
Wow! Wow! WOW!!!
On Wednesday, I blogged here about CareerBuilder’s list of the most unusual things job candidates have done during the interview process. And, yeah, the stuff they listed was pretty unusual.
I guess.
But, then I thought, “Eric, your readers must have some scary-ass deposition transcripts great stories that would put CareerBuilder’s list to shame.
It’s Victoria Lipnic, who was originally nominated by President Barack Obama to serve as an EEOC Commissioner back in 2010. Now, President Trump has named Ms. Lipnic the Acting Chair.
Well, since salary-history questions are going to be off-limits soon in Philadelphia. And, since other cities may follow this blazed trail and create a trend — just do better than what your city calls, a “Philly Cheesesteak.” Trust me, yours is awful — hiring managers must discuss other things during job interviews.
When last we visited the whirlwind saga of the City of Philadelphia’s proposed bill that would ban employers from asking about applicant salary history, I was waxing poetic about Animal House, suggesting here that Mayor Kenney was slowing his roll after City Council had unanimously approved the bill.
Yeah, about that…
The Employer Handbook Blog
