The Employer Handbook Blog

Breaking Bad? NM is the 6th state to pass social media workplace law

April 19, 2013 | by Eric B. Meyer

No way, Heisenberg is gonna be cool with this. Not a chance.

Earlier this month, New Mexico joined Maryland, Illinois, California, Michigan, and Utah, by becoming the sixth state to pass a law, which makes it unlawful for an employer to request or require that a prospective employee fork over a social media password as a condition of gaining employment. However, this New Mexico’s law is unique in that it only covers prospective employees, and not the existing workforce.

Lest anyone get the wrong idea, I am not in favor of employers asking candidates or current employees for social media passwords. Instead, as I’ve noted before, there is no empirical evidence that employers asking for social media passwords is a common practice. Therefore, these laws seek to regulate a “problem” that rarely, if ever, exists.

RIP: Philadelphia Paid Sick Leave Bill

April 18, 2013 | by Eric B. Meyer

** picks up phone dorks out in his bluetooth VOIP-compatible headset **

The Employer Handbook: “Nyello.”

Two Weeks Ago: “Hi Handbook. This is “Two Weeks Ago” calling. I wanted to let you know that Philadelphia Mayor Michael Nutter vetoed the “Promoting Healthy Families and Workplaces” Bill, also known as the paid sick leave legislation. I read about that legislation on your blog back in February, and I was wondering when you were going to get around to updating your readers.”

Employee caught in a pick, Supreme Court scratches her FLSA claims

April 17, 2013 | by Eric B. Meyer

** drops microphone, walks off stage **

Fine, I’ll play a quick encore.

Information on how you can help Boston #PrayForBoston

April 16, 2013 | by Eric B. Meyer

In the aftermath of yesterday’s tragic events, President Obama remarked,

“Boston is a tough and resilient town. So are its people.”

If you want to help them, here and here are some ways to do it.

Four ways to successfully defend an Equal Pay Act claim

April 15, 2013 | by Eric B. Meyer

This blog is nearly 2 1/2 years old and we have our first Equal Pay Act post. The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on the basis of sex violates the Act.

The EEOC celebrated “Equal Pay Day” last week. So, now is as good a time as any to address the Act through this recent case from the Third Circuit Court of Appeals.

In Puchakjian v. Township of Winslow, Deborah Puchakjian filled a Municipal Clerk vacancy within the Township of Winslow which came about a result of the retirement of the male incumbent. His salary at retirement was $85,515; Ms. Puchakijan’s salary to replace him was $55,000.

Remove my stitches! And 14 other all-time crazy requests from the boss

April 12, 2013 | by Eric B. Meyer

Yesterday, CareerBuilder.com released its list of 15 of the most unusual things that bosses have asked employees to do. I’ve had a lot of rough, odd jobs in my lifetime —

*** Hey silver spoon! Quit giving me the stink eye over there. If I write it, my readers believe it. Sheep… ***

I consider myself lucky, requests made of me only made the list twice.

Fired and told “you’re a little too old for your job,” Old Rose LOSES her age-bias claim

April 11, 2013 | by Eric B. Meyer

From the blog that brought you the classy September 2011 post, “This old mother****** may just have an age discrimination claim,” comes a story of a woman whom her former employer **cough** affectionately **cough** referred to as “Old Rose.”

On other occasions, the plaintiff Rosemary Marsh was told, “you’re slipping, you’re getting old.” Another time, she was asked if she was “too old to get down there” when she bent down to replace paper in the photocopier. And when the company eventually fired Ms. Marsh — you had to figure that was coming, right? — she was allegedly told, “I think you’re just getting a little too old for your job.”

Sounds like the makings of a good age discrimination claim. Well, not in the Sixth Circuit Court of Appeals. No ma’am:

An employee using the “honest belief” doctrine in a bias case? As if!

April 10, 2013 | by Eric B. Meyer

To defend against a claim of discrimination, an employer can argue that it fired an employee because it honestly believed that the employee did “X.” And, as long as “X” isn’t discriminatory, the employer prevails. This is the honest belief doctrine.

So, can an employee flip the “honest belief doctrine” on its head to show that an employer’s purported legitimate business reason for disciplining an employee was actually pretext for discrimination?

Find out after the jump…

* * *

Even rarely performed job functions may be “essential” under the ADA

April 9, 2013 | by Eric B. Meyer

You run a delivery service using large trucks and require that drivers be qualified by the Department of Transportation. Although your facility managers aren’t often behind the wheel of the big rigs, you nonetheless require that they too be DOT certified.

One day, a manager with a disabling eye injury comes to you and asks for an accommodation under the Americans with Disabilities Act: to be excused from driving trucks so that he may focus on “managing.”

Assuming that no other reasonable accommodation exists, must you give it to him?

The importance of addressing sex stereotyping in the workplace

April 8, 2013 | by Eric B. Meyer

Many states and localities have laws forbidding discrimination on the basis of sexual orientation (LGBT).

But Title VII of the Civil Rights Act, one of the federal laws barring discrimination in the workplace, law does not prohibit it.

What Title VII does make unlawful, however, is stereotyping based on a person’s gender non-conforming behavior (i.e., a man who appears effeminate, or a “manly” woman). As a Virginia federal court (here) re-emphasized last week, sex stereotyping is central to all discrimination: