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The Employer Handbook BlogOur employee on a modified work schedule misses too much work. What do we do?
How many of you struggle to enforce attendance rules for employees with a disability or serious health condition on a modified work schedule?
When Discrimination Claims Go Under the Knife: A Surgeon’s Legal Misadventure
The United States Court of Appeals for the Second Circuit recently dissected a bariatric surgeon’s discrimination claims. The surgeon alleged that his former employer discriminated against him based on his race and color when it favored another surgeon who allegedly harassed the plaintiff. However, the plaintiff misdiagnosed the situation.
Let’s explore why his arguments flatlined.
Must companies pay employees for time they spend lollygagging on the job?
In a recent precedential decision, the Third Circuit Court of Appeals addressed a critical issue for employers: whether they must compensate employees for the actual time spent on work-related activities, even if they are lollygagging. Or can an employer comply with the Fair Labor Standards Act (FLSA) by paying employees a reasonable amount instead? Continue reading
When the Employment Lawyer Becomes the Plaintiff: Lessons from an ADEA Case
In a recent decision, the United States District Court for the Southern District of New York granted summary judgment in favor of the defendant, dismissing the plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This case serves as a critical reminder for employment lawyers and human resources professionals about the stringent requirements for establishing a prima facie case of age discrimination under the McDonnell Douglas framework. And yes, it also serves as a reminder that sometimes, the law can be as unforgiving as a Monday morning without coffee. Continue reading
Underwear Where?!? A Cautionary Tale of Retaliation, Timing, and Documentation
Human resources professionals often encounter bizarre and unexpected situations, especially around the holidays. However, few can top the case where an employee’s choice of attire—or lack thereof—led to a significant legal battle over retaliatory discharge. This recent federal court decision serves as a humorous yet critical reminder of the importance of timing and documentation in handling retaliation claims.
The Incident: A Wardrobe Malfunction
Picture this: It’s a typical evening in February 2022, and a truck driver for a hauling and grading company arrives at a warehouse in Houston, Texas. As she navigates the lot, she spots a co-worker strolling in front of his tractor wearing nothing but underwear and penny loafers. Naturally, she Facetimes another co-worker to share the “very odd and uncomfortable sight.”
EEOC to employer: You didn’t accommodate painful menstrual cramps. See you in court!
On Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit alleging discrimination based on disability and sex during the hiring process. The case centers around an individual who suffers from endometriosis, a condition that causes severe menstrual cramps, nausea, and headaches, potentially rendering her bedridden for one to two days during her menstrual periods. The EEOC claims that the employer failed to hire her due to her disability and did not provide reasonable accommodation, violating the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. Continue reading
A Legal Tale Before Christmas: How a $2,575,000 jury award for retaliation got reduced to one measly buck.
‘Twas two nights before Christmas, in the Second Circuit’s hall,
A case was decided, with judges standing tall.
A plaintiff determined, with claims in her hand,
Against her former employer, she took a firm stand. Continue reading
Feds to Supreme Court: Level the playing field for plaintiffs claiming reverse discrimination
In October, I blogged about the Supreme Court’s decision to weigh in on whether a heightened standard should apply when heterosexual workers, white men, or any employees in a majority group claim discrimination at work. The case has garnered significant attention due to its potential impact on workplace discrimination laws.
Now, the United States government is providing its two cents to the Supreme Court before it decides whether these so-called “reverse discrimination” claims require a plaintiff to present “background circumstances” on top of Title VII’s other requirements to establish that their employer is the “unusual” one who discriminates against the majority. Continue reading
Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity
Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in compliance with federal employment discrimination laws. Here, I’ll summarize the key points of the fact sheet and offer some essential takeaways for HR professionals.
What HR should know about the EEOC’s New Guidance on the Pregnant Workers Fairness Act (PWFA) for Health Care Providers
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) recently released new information to assist healthcare providers in helping their patients secure pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA). Although healthcare providers are the intended audience, human resources professionals are pivotal in ensuring compliance with employment laws and fostering an inclusive workplace environment.
Here’s what HR professionals need to know about the EEOC’s latest guidance.