I’m neither a doctor nor a meteorologist but an employment lawyer. And, like the First Circuit Court of Appeals in this recent decision, I struggle with what the employer in Puerto Rico could have done differently to accommodate one of its workers. Continue reading
Last week, the Supreme Court unanimously agreed that Title VII of the Civil Rights Act of 1964 requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. The next day, the Supreme Court concluded in 303 Creative LLC v. Elenis that the First Amendment superseded a state’s anti-discrimination law which would have forced a website designer who does not believe in same-sex marriage to create wedding websites for gay couples.
Since then, I’ve seen folks asking whether employees with sincerely-held religious beliefs about same-sex marriage can get a religious accommodation from their employer to refuse to work with a gay coworker? Continue reading
Last week, the Supreme Court made it more difficult for employers to establish that an employee’s request for a religious accommodation under Title VII of the Civil Rights Act of 1964 creates an undue hardship.
But there’s much more to Title VII than just religious accommodations. And the Supreme Court isn’t done with the statute yet. Last week, it agreed to determine whether Title VII prohibits discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage. Continue reading
About 50 years ago, Congress tweaked Title VII, a federal law that makes it unlawful to discriminate against workers based on their religion. It clarified that employers must “reasonably accommodate. . . an employee’s or prospective employee’s religious observance or practice” unless the employer is “unable” to do so “without undue hardship on the conduct of the employer’s business.”
But what does that mean? Continue reading
On August 7, 2018, a worker sent an email. The email stated, “I fear retaliation” and “my colleagues and I have been the victims of continuous harassment, both sexual and emotional.”
On August 9, 2018, just two days later, the company fired her.
How do you think that turned out? Continue reading
In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumé stated that she held a master’s degree in Public Health and had experience as a licensed sanitation. The candidate nailed the interview. Ultimately, the employer hired her for the Health Commissioner position because of her “excellent” resumé and interview.
Or so it thought. Continue reading
Near the beginning of the pandemic, an employee in New Jersey reported to work but felt ill; specifically, he felt “cold, clammy, and weak.” After going home, the employer told him not to return until he tested for COVID-19. The next day, the plaintiff went to a free clinic where he obtained a COVID-19 test. While waiting for the results, the employee reported to his employer that he felt better, and offered to return to work, maintaining social distance from others. The employer fired him instead.
Is this disability discrimination? Continue reading
On June 16, 2017, an employer issued furlough notices to employees at its West Virginia facility. Over the following weeks, 65 or so employees submitted forms requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty. The forms were similar in content; all were signed by one of two chiropractors, and all called for a medical leave of eight weeks or more.
What would you do in that situation? Continue reading
According to the U.S. Department of Labor, “federal wage and hour investigators have seen corrupt employers try all kinds of scams to shortchange workers and to intimidate or retaliate against employees, but a northern California restaurant’s attempt to use an alleged priest to get employees to admit workplace ‘sins’ may be among the most shameless.”
Me? I haven’t seen anything this sacrilegious since Homer ate a god waffle that Marge dislodged from the Simpsons’ ceiling. Continue reading
The Employer Handbook Blog