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The Employer Handbook BlogDay off
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I’ll be back tomorrow.
2d Cir kicks the can on LGBT rights at work under Title VII. None yet, but maybe soon…
It was déjà vu all over again yesterday.
In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation.
70,000 reasons not to fire a witness for participating in a sexual harassment investigation
You wouldn’t fire someone because they complained to you about sexual harassment at work. For starters, that would violate Title VII of the Civil Rights Act of 1964.
But, Title VII’s anti-retaliation provisions are much broader than that.
No, not even the ADA requires accommodating an alcoholic’s DUI-related incarceration
By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia Commons
Allowing an alcoholic to attend AA to remain clean and sober? That works.
But, accommodating an alcoholic who “falls off the wagon,” gets a DUI, and needs time off from work because he is incarcerated? Not so much.
The Top Five Sandwiches in Philadelphia #NationalCheesesteakThursday
Today, my friends, is National Cheesesteak Thursday. Started back on Thursday, March 24, 1994, by four high school classmates of mine, this is a day to celebrate with some quality ribeye, an Amoroso roll, and your choice of American, Provolone, or Cheez Whiz.
Just never Swiss. That mistake cost John Kerry the White House in 2004.
In honor of NCT, and because out-of-towners often ask me, “Eric, what’s the best cheesesteak in Philly,” I’m gonna rank my Top 5. Heck, I’ll do you one better. I’m going to rank the Top 5 sandwiches — any sandwich — in Philly.
2d Cir: Pharmacists must inject customers. Oh, word?
No, the Second Circuit Court of Appeals didn’t say, “Oh, word?” But, it did just toss a $2,600,000 jury award in favor of a pharmacist in an Americans With Disabilities Act case.
Skip the vodka, but consider some other bar rules for your workplace.
_in_Hamburg_2.jpg "By Achim Schleuning (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons")
A few weeks ago, a reader emailed me and asked if I would weigh in on how businesses should address employees talking about politics at work.
On the one hand, in the private sector, there are no First Amendment Rights. Free speech is a big myth. ( I suppose that the National Labor Relations Act could muddy the waters a bit; but, for this post, let’s pretend it doesn’t). And there’s practically nothing that would prevent a private employer from clamping down on employee discussions about politics at work.
On the other hand, an employer could violate bar rules and condone political speech. However, that could lead to problems for the employer, as in bad press or a lawsuit.
The FMLA may be amended to include leave for a parent to grieve the loss of a child
A new bill, introduced last week in this U.S. House of Representatives, would amend the Family and Medical Leave Act to permit parents to take up to 12 weeks of leave to mourn the death of a child. Continue reading
Did Lyft violate Philly’s Ban the Box rules? And could this be the tip of the iceberg?
Rideshare service, Lyft, Inc., allegedly violated Philadelphia’s Fair Criminal Records Screening Standards Ordinance, also known as Ban the Box, according to this press release from the law firm Outten & Golden LLP. Continue reading
Which of you hot shot lawyers wants to join an employment law panel with me?
You folks in HR don’t have to read any further. Go do yeoman’s work today by putting the “human” in human resources. Or whatever it is you do each day.
But, the lawyers. Let’s see if I can thaw some of your icy hearts with an irresistible invitation and offer.