The Employer Handbook Blog

EEOC: Complaints of discrimination down big in FY14; Mediation rules!

November 19, 2014 | by Eric B. Meyer

Yesterday, the EEOC issued its FY 2014 Performance Report. Here is a link to the press release.

Now, I’ll admit it. I didn’t read the whole report. Blogging has got me all messed up. I can’t read anything that’s more than 250 words. So, I just stopped at the part in the report where it said that total charges dropped by 5,000 in FY14. So, I didn’t get to the part of the report that credits this blog, in particular, for the drop in charges. But, I assume it’s in there somewhere.

I also wanted to give a nice shout-out to the EEOC’s national mediation program, in which I participate as a pro-bono mediator. Of the 10,221 mediations conducted in FY14, 7,846 of ’em settled. Based on the math I just did in my head, that’s a success rate of 97%. Ok, 77%. But, that’s still pretty darn good. Shaq’s free throw percentage is jealous.

Is it against the law to remote wipe an employee’s Candy Crush high score?

November 18, 2014 | by Eric B. Meyer

Replace Candy Crush high score with email contacts on a personal iPhone used for work (BYOD), and you have the issue that a federal court in Texas recently tackled.

The answer follows after the jump…

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#WWHRD: You just discovered your employee’s angry racist Ferguson tweet

November 17, 2014 | by Eric B. Meyer

Last night, Mikhail Gorbachev and Ronald Reagan came to me in a dream.

You see, we were at a video arcade, the two of them playing the classic, Street Fighter. I had next. Mr. Gorbachev was playing as Zangief and President Reagan was Guile. Because, of course.

So, just as the Premier was about to close it out, the President dropped the controls, put Mr. Gorbachev in a headlock and gave him a noogie. I’m talking right on that spot! I mean, the more he noogied, well, the spot started to change colors. From red to silver to pure gold. At which point, Mr. Gorbachev turned to me and said,

“Meyer, start a series on your blog called What Would HR Do. Perestroika!”

Alrighty then. So, it begins. WWHRD coming up after the jump…

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Train your supervisors not to shoot at those who complain about discrimination

November 14, 2014 | by Eric B. Meyer

Just another HR Pro Tip from your old buddy, Meyer. Hey, what would you guys do without me?

Sage advice for American businesses coming up after the jump…

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In the County of Yolo, 100 hugs and a painfully awkward kiss aren’t sexual harassment #YOLO

November 13, 2014 | by Eric B. Meyer

What else is there to blog about after reading a federal court opinion about Yolo (You Only Live Once) and sexual harassment?

Geez. Last night, I could have peed plutonium while flaming monkeys sprang forth from my word hole, and I still would have blogged Yolo.

More on Yolo after the jump…

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Can you fire an employee who posts Nazi propaganda on Facebook?

November 12, 2014 | by Eric B. Meyer

Maybe you’ve heard about it. I’m giving a little spiel today on social media in the workplace with a few friends at an event in Philadelphia. If I play my cards right, I’ll do as little speaking as possible on the dais.

Which means I’ll get my two cents in after the jump and discuss on a hockey coach who was recently fired for posting pictures of Nazi propaganda on Facebook.

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Five great resources for HR about employing veterans

November 11, 2014 | by Eric B. Meyer

In honor of Veterans Day…

From the EEOC, “What You Should Know: EEOC and Employment Opportunities for Disabled Veterans“

Also from the EEOC, “Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers“

Sexting, flirting, but no sexual harassment here.

November 10, 2014 | by Eric B. Meyer

To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior based on the plaintiff’s sex. Further, not only would an objective person have to find the behavior offensive, but the plaintiff must be offended as well.

Usually, when a plaintiff claims sexual harassment, a court takes for granted that conduct at issue offended the plaintiff.

But, I just read about a case that bucked the trend.

More on this wacky case, and some workplace lessons for you guys…after the jump…

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Accommodating a disabled employee generally does not require displacing another

November 7, 2014 | by Eric B. Meyer

The Americans with Disabilities Act requires that companies provide a reasonable accommodation to an employee with a disability, if doing so will allow the employee to perform the essential functions of the job.

The ADA contemplates a number of different types of reasonable accommodations. One such accommodation is a transfer into an open position for which the disabled employee is qualified. But what happens when there is no vacancy. Must an employer bump another non-disabled employee to accommodate the one with the disability?

As an Ohio federal court reminds us in this recent opinion that the answer is no, unless special circumstances exist:

Check out the EEOC’s playbook for combatting LGBT discrimination

November 6, 2014 | by Eric B. Meyer

Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it’s no secret that one of the EEOC’s top priorities is to protect LGBT workers from discrimination.

And the EEOC is being quite transparent about it, with a new guide for employers and employees.

I’ve got that for you after the jump…

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