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So, by now, all of you must be familiar with the case in Iowa — I’ve blogged the heck out of it here and here — where the male dentist fired the attractive female hygienist, ostensibly because his wife was concerned that the hygienist’s continued employment might affect their marriage and because the dentist was concerned that he may eventually shag her.

Late last year, the Iowa Supreme Court unanimously held (here) that there is no sex discrimination if a male employer terminates a long-time female employee because the employer’s wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee.

Then, a few weeks ago, and after a lot of public scrutiny, the high court agreed to reconsider its unanimous ruling, which it did with this new opinion issued on Friday. 

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I got an email the other day from my SHRM buddy Tara Mauk Arthur. She lives in Arkansas, which is one of 12 states to have a social media workplace privacy law.

As my readers know, subject to limited exception, laws like the one in Arkansas make it illegal for an employer to require or request that a current or prospective employee disclose his/her username or password for a social media account. Some, like the one in Arkansas, also make it unlawful to add a co-worker as a social media contact.

Now, as you know, my posts on these new laws have a common theme; namely, that these laws present a solution in search of a problem. And the problem with slapping together and passing legislation like this is you get some unintended consequences. Cue Tara’s email:

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rainbowflag.jpgNormally, I get my Thursday post fodder from the Wiggity Wiggity Wonky Wednesday edition of Cracked Magazine. Hard hitting stuff like “7 Dick Moves Everyone Pulled in Classic Video Games” and “The Worst Imaginary Friends to Be Stuck With.”

But, for today’s post, I read this newspaper called the Washington Post. I dunno. Must’ve sprung up overnight. 

One its writers, Ruth Tam, writes here that the Employment Non-Discrimination Act (ENDA) has cleared a bipartisan Senate committee:

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In mid-June, the American Medical Association concluded that obesity is a disease “requiring a range of medical interventions to advance obesity treatment and prevention.” This news led Jon Hyman at the Ohio Employer’s Law Blog to conclude that classification of obesity as a “disease” has huge employment law implications; namely, that under the Americans with Disabilities Act, employers would have to consider allowing for reasonable accommodations for obese employees. Indeed, even before the AMA guidance, a Louisiana court determined that morbid obesity was a disability under the ADA, thus requiring reasonable accommodation.

Well, last month, a state court in West Virginia concluded otherwise. More on this decision and its impact on employers after the jump…

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Tyler SeguinAs many of you know, I am a HUGE Boston Bruins fan. But, right now, I have little love for former Bruins winger Tyler Seguin.

You see, Seguin was a highly touted 2011 draft pick who did a disappearing act in the playoffs this year. Amidst reports that his off-ice behavior was interfering with his on-ice performance, the Bruins traded the 21-year-old Seguin to the Dallas Stars on July 4.

The media scrutiny caused Seguin’s mom to come to his defense. (I’m sure that won’t ignite the crowds at all during road games). But just as that story began to lose steam, Seguin’s Twitter account published this tweet:

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According to this recent survey from CareerBuilder.com, the number of hiring managers who are reporting that a job candidate’s social media indiscretions have cost them a position is up nearly 10%, while the overall use social media to vet candidates continues to grow.

Those surveyed, reported finding a variety of concerning content. Top mentions ranged from evidence of inappropriate behavior to information that contradicted their listed qualifications:

  • 50% – Candidate posted provocative/inappropriate photos/info
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Brazilian

You know, maybe I should have gone with the porta-potty-harassment post that I originally had planned for today. Nah. My analytics tell me that my best-received posts have a common theme: crotch and Brazil. Besides, everyone knows that nothing says Friday like a porta-potty post. Just wait ’til Friday.

So today, after the jump, let’s wax poetic, shall we?

(Ouch, again).

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You see, in certain instances, a trial witness’s social media breadcrumbs may undermine her credibility and score points for your client. But when the witness — and the lawyer trying to impeach the witness with her social networking activities — display as much combined tech savvy as J-Lo’s PR machine, hilarity trouble may ensue:

(h/t @PhilipMiles)

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You’re hiring for an engineer position. To assist, you engage a search firm, which finally locates an ideal candidate. After a telephone conversation, and a subsequent tour and in-depth interview, you know that you have the right person for the job. So, you prepare and send an offer letter.

The offer letter includes a summary of the position, responsibilities, location, base salary, benefits, effective date, and confidentiality. The letter also states: “You will also be asked to sign our employment/confidentiality agreement. We will not be able to employ you if you fail to do so. In addition, the first day of employment you will be required to sign an Employment Agreement with definitive terms and conditions outlining the offer terms and conditions contained herein.”

The offer letter does not contain any mention of a non-competition agreement.

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