The Employer Handbook Blog

Fact or Fiction: Retaliation requires job-related action (e.g., firing)

August 10, 2011 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”.

Until about five years ago, a plaintiff had to prove a materially adverse employment action in order to recover for retaliation. (I addressed the complete three-part test for retaliation in yesterday’s post).

Not so anymore. As explained briefly after the jump, the rules for retaliation have changed.

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Apparently, sex in a supply closet is not sexual harassment

August 9, 2011 | by Eric B. Meyer

At least that’s what a federal court in Utah opined.

I promise that this is not a prurient post gratuitously conceived to drive internet traffic to The Employer Handbook.

And this case has nothing directly to do with Pennsylvania, New Jersey or Delaware employers

(Ok, that last line was shameless. Google, please do not index this post).

Oh, what the heck, index away. After the jump, I’ll even throw in some good employer takeaways for all employers, including those in Pennsylvania, New Jersey and Delaware.

Darn it. I did it again…

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New federal bill would greater protect breastfeeding employees

August 8, 2011 | by Eric B. Meyer

Rep. Carolyn Maloney [D-NY14] is at it again.

A sponsor of a bill that would greatly expand the scope and reach of the FMLA, Rep. Maloney has co-sponsored another bill, the Breastfeeding Promotion Act of 2011, which would amend both the Fair Labor Standards Act and Title VII of the Civil Rights Act of 1964 to protect breastfeeding by nursing new mothers.

Under the Pregnancy Discrimination Act, which is part of Title VII, it is already illegal to discriminate in the workplace “because of sex” or “on the basis of sex,” which includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions. The Breastfeeding Promotion Act of 2011 would amend Title VII to explicitly include “lactation.”

Inquiring about retirement plans = age discrimination?

August 5, 2011 | by Eric B. Meyer

Let’s say that a company holds a meeting for older employees (all are over 49 years old). And the purpose of the meeting is to discuss the future expectations of the employees in attendance, including retirement options at the company. Then throw in a stray remark from the company, something like, “When people get older, they tend to slow down.”

What if one of the meeting attendees is later laid off? Is that age discrimination?

If the employer has any non-age-related reason for the layoff, then the answer is no, according to

Pottymouths don’t usually win sexual harassment lawsuits

August 4, 2011 | by Eric B. Meyer

A federal court has bounced a woman’s sexual harassment claims against her former employer because the court believed that the woman was not offended by the conduct about which she complained.

Some analysis and employer lessons after the jump…

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Like? Philly courts to use social media to communicate with parties

August 3, 2011 | by Eric B. Meyer

As I was getting my shoes shined yesterday, something caught my eye.

According to this article in the Metro Newspaper from Alexandra Wigglesworth, Philadelphia’s First Judicial District plans to use Facebook, Twitter, and text messaging to send out reminders about court dates.

The court’s shift towards embracing social media is consistent with a recent survey which shows that over half of employers believe that using social media for business purposes is a good thing.

OSHA wants employees to blow more whistles

August 2, 2011 | by Eric B. Meyer

In a press release issued yesterday, the U.S. Department of Labor’s Occupational Safety and Health Administration announced that it is implementing additional measures to strengthen the Whistleblower Protection Program.

A brief rundown of these new measures follows after the jump…

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Ba-chicka-wa-wa! Woman hurt during hotel sex sues…her employer.

August 1, 2011 | by Eric B. Meyer

From that employment-law blog that brought you the incredible story of the female accountant who won the right to legally masturbate at work, comes news of a woman who has sued her employer after she was struck in the head by a light fixture during sex in a hotel room that her employer paid for.

You can’t make this stuff up, yo. (And, ironically, I am typing this post in a Ramada Inn).

I feel a Pulitzer. More after the jump…

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Buh bye: Labor board okays firing some Facebook whiners

July 29, 2011 | by Eric B. Meyer

I teased it in yesterday’s blog post about Natalie Munroe.

The National Labor Relations Board is softening its position on employers who fire employees for rants on Facebook.

And I’ve got the deets after the jump…

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Suspended blogging teacher will be back in school this fall

July 28, 2011 | by Eric B. Meyer

Remember Natalie Munroe? Let me see if I can refresh your recollection.

She’s a blogger. She’s a teacher. That’s right, smarties. She’s the blogging teacher who got suspended after her school learned that he had written on her personal blog that she wished she could leave the following comments for students so that parents could gain further insight into how their children were performing in school:

“Am concerned that your kid is going to come in one day and open fire on the school. (Wish I was kidding.)”
Rude, beligerent, argumentative fuck.”
Utterly loathsome in all imaginable ways.”
I called out sick a couple of days just to avoid your son.”
There’s no other way to say this: I hate your kid.”

You can read more about the history of Natalie Munroe here and here.