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This case involves a plaintiff who worked as a part-time bartender who worked for a bar in New Jersey. She claimed that her supervisor created a hostile work environment by calling the plaintiff names “used to describe a person with an oversized posterior.” (The court deemed it unnecessary to identify the supervisor’s “alternate names” for the plaintiff.) Continue reading

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A few weeks ago, I blogged about a situation involving an employee who used CBD products and tested positive for marijuana at work. She claimed that the employer took into account her underlying disability when it terminated her employment and violated the Americans with Disabilities Act. The employer countered that it did know she was disabled. So, the employer won.

But, now, let’s change the facts. Continue reading

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As an employment law mediator, my resume includes many years of private practice and service to some federal courts. But I cut my chops at the U.S. Equal Employment Opportunity Commission and have remained a volunteer mediator with the EEOC for over a decade.

If anyone asked me what I thought of the EEOC’s Mediation Program, I would’ve told employers and employees alike to embrace it as an effective way to resolve employment disputes without the time, cost, and risk associated with litigation.

But no one asked me.

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Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This includes refusing to accommodate an employee’s sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship.

An “undue hardship” results in more than a de minimis cost to the employer. Objectively, paying more overtime is one example.

But what about when accommodating one employee lowers morale for others? Does that create undue hardship? Continue reading

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May is Mental Health Month. The U.S. Department of Labor’s Wage and Hour Division, which enforces the Family and Medical Leave Act, just dropped some additional resources for workers on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with the FMLA.

Continue reading

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On Monday, I blogged about a weekend incident in which New York Yankees third baseman Josh Donaldson and White Sox shortstop Tim Anderson in which Mr. Anderson claimed that Mr. Donaldson referred to him as “Jackie,” a reference to Hall of Famer Jackie Robinson. Continue reading

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