The Employer Handbook Blog

Don’t let ADA stereotypes do to you what they did to this company

December 9, 2015 | by Eric B. Meyer

There are certain stereotypes that accurately reflect an image held in common for members of a group.

For example, employment-law bloggers who practice law in Philadelphia and blog from their bloggerdomes in Southern New Jersey are generally handsome, erudite, and more appealing than a hipster drinking Pabst Blue Ribbon at a beard and vinyl convention. Many excel at fantasy football too. Many consider them the Illuminati to the Illuminati.

But I digress…

Did USC’s alcohol-related firing of its former head football coach violate the law?

December 8, 2015 | by Eric B. Meyer

Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. The Daily Beast, among others, reported that USC fired Mr. Sarkisian after an incident where he appeared drunk during a speech at a USC event.

Yesterday, Mr. Sarkisian fired back with a 14-count lawsuit in California Superior Court. The lawsuit includes claims for disability (alcoholism) discrimination and failure to accommodate his disability.

What it really means to be Facebook friends with co-workers

December 7, 2015 | by Eric B. Meyer

It may not mean that much.

Can you eliminate discrimination claims by hiring minority replacements?

December 4, 2015 | by Eric B. Meyer

Yeah, no.

When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements:

Look at me, love me

December 3, 2015 | by Eric B. Meyer

Blawg100WebBadge

Last week, the ABA Journal announced its 9th Annual Blawg 100. The Blawg 100 is a collection of, yep, you guessed it, 100 folks with no fulfilling lives who rule the legal blogosphere. Or, at least according to the ABA Journal, and probably my children.

Did one court really just conclude that HIV is not an ADA disability?

December 2, 2015 | by Eric B. Meyer

Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, “Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV is a disability under the Americans with Disabilities Act. Indeed, the Americans with Disabilities Act regulations notes that it should be “easily concluded” that HIV substantially limits one or more major life activities. Further, the Department of Justice, Civil Rights Division recognizes that HIV is an ADA disability.

Well, tell all that to a Florida federal court.

Fired you will be getting drunk, DUI, and arrested on an FMLA day

December 1, 2015 | by Eric B. Meyer

That’s the opening line from the Director’s Cut of the advance screening that JJ Abrams sent me. Trueish story.

How you know when to pay employees on meal breaks

November 30, 2015 | by Eric B. Meyer

How was your Thanksgiving? Survive Black Friday? (In case you’re wondering about a gift for me, no. Yes. Heck, yes (asking for a friend)).

Me? I almost left my kids on the North Pole as I counted the minutes until Monday. But, overall, I enjoyed a few days off.

Now, it’s back to work. *** Sips mai tai *** So, let’s talk about the Fair Labor Standards Act. As wage and hour claims generally continue to spike, I’m going to get into the weeds a bit and talk about meal breaks. Specifically, when do non-exempt employees get paid for meal breaks?

Just give him the chair. It’s that easy.

November 24, 2015 | by Eric B. Meyer

Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of reasonable accommodations.

Then the general counsel on the panel — he was from a Fortune 500 company — did one of these, and offered this pro tip that I’ll never forget. Continue reading

Your temporary workers can probably sue you for discrimination

November 23, 2015 | by Eric B. Meyer

Last week, the Third Circuit Court of Appeals ~~daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia~~ took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination.