Articles Posted in July, 2018

2.5 million reasons not to refer to black employees as ‘slaves’ or fire them after they complain to HR

July 31, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/south-beach-miami-florida-sunset-891749/)

In terms of workplace issues, #MeToo and sexual harassment have dominated the headlines in 2018. Most recently, John Oliver covered these subjects on his show and Jon Hyman has a robust discussion going on right now on LinkedIn in which I encourage you to weigh in.

Perhaps aspirationally, Jon wonders whether the collective spotlight on #MeToo will help end the problem.

Meanwhile, in the shadows lurk some pretty sickening instances and allegations of other forms of god-awful, in-your-face, no-doubt-about-it discrimination. Continue reading

A Native American claimed that Washington Redskins chatter at work was racist. But, can she win her lawsuit?

July 30, 2018 | by Eric B. Meyer

By Keith Allison [CC BY-SA 2.0 ], via Wikimedia Commons

The Washington Redskins are a bad National Football League franchise.

I’m not talking about the name of the team yet. We’ll get to that.

I’m mean last year’s 7-9 Washington Redskins. Like fans of the Dallas Cowboys, the tell-tale sign of Redskins fans is their depressing nostalgia for when the team was competitive and won a few Super Bowl rings a hecka-long time ago. Let’s face it. It’s been a dismal few decades for this poor excuse for a football team since Daniel Snyder purchased the franchise in 1999. They have just six winning seasons since then.

Another way to spot a shameless Washington Redskins fan in public is in team merch with the polarizing name and mascot. For many years, there has been controversy over the Washington Redskins name and logo. To many football fans, “Washington Redskins” just rolls off the shoulders. To others — especially Native Americans — “Washington Redskins” is considered derogatory and racist.

What happens when a Native American employee in Washington, DC is surrounded by Washington Redskins paraphernalia in the office and co-workers discussing the team at work?

Well, you can’t plan for everything. Like naked workouts, for example.💪💪💪

July 27, 2018 | by Eric B. Meyer

By 0x0077BE – Own work, CC0, Link

How many of you, like me, work out at Planet Fitness?

I like PF because it’s relatively close to the Bloggerdome and it’s $10/month. Now, if only they’d implement my many suggestion box notes to add a set of 100-pound dumbbells for bicep curls.

Sun’s out guns out. Amirite?

That SHRM-endorsed House bill promoting paid employee leave across the country takes center stage

July 26, 2018 | by Eric B. Meyer

Image Credit: Photofunia.com

Back in November, U.S. Rep. Mimi Walters (R-Calif.) along with co-sponsors U.S. Reps. Cathy McMorris Rodgers (R-Wash.) and Elise Stefanik (R-N.Y.) introduced the Workflex in the 21st Century Act. I had a big post here about Workflex, which The Society for Human Resource Development (SHRM) has endorsed and touted as “a first-of-its-kind combination of guaranteed paid leave and increased options for flexible work arrangements.”

Should I wait patiently while you click that link and refresh your recollection about Workflex?

Yeah ok, I’ll wait.

I’ll even wait for you to read this SHRM Fact Sheet too. Go ahead.

Now that you’re up to speed, you may be wondering, ~~how does Eric get his teeth so white?~~ whatever happened to Workflex?

Fortunately, I have a big update.

Mediation Survey Results!!! (I picked the right side hustle.)

July 25, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/shaking-hands-handshake-hands-3091908/)

Yesterday, you provided some great feedback on mediation. And, today, I want to share those results.

SURVEY: Hey HR, in-house, and outside counsel! What do you think about mediation?

July 24, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/shaking-hands-handshake-hands-3091908/)

Did you know that, for the past ten years, I have served as a volunteer mediator in the U.S. Equal Employment Opportunity Commission Mediation Program?

Separately, I’m also a private mediator, where I specialize in helping parties resolve all sorts of employment cases. Often, I’m called upon before arbitration or as an economical alternative to litigants using a retired judge as a mediator. Continue reading

Can you make someone who only wants intermittent FMLA take continuous leave instead?

July 23, 2018 | by Eric B. Meyer

By Stethoscopes – Own work, CC BY-SA 3.0, Link

I’ll wait patiently while you grab your pearls for clutching.

RIP Ann Hopkins

July 20, 2018 | by Eric B. Meyer

By U.S. Equal Employment Opportunity Commission – http://www.eeoc.gov/eeoc/history/40th/panel/hopkins.html, Public Domain, Link

Yesterday’s blog post highlighted the blistering dissent of Eleventh Circuit judge Hon. Robin S. Rosenbaum, as she criticized her colleagues for passing on the opportunity to reconsider whether Title VII of the Civil Rights Act of 1964 protected employees from discrimination based on sexual orientation. In Judge Rosenbaum’s opinion, Title VII does afford those protections based on the U.S. Supreme Court’s ruling in Price Waterhouse v. Hopkins. In that case, the Court concluded that sex stereotyping violates Title VII. (It follows that Title VII precludes discrimination based on sexual orientation because of the failure to conform to the gender-based stereotype of loving someone of the opposite sex. Continue reading

A federal appellate court judge is 😤steamed😤 that her colleagues won’t address gay rights at work

July 19, 2018 | by Eric B. Meyer

By Eoghanacht [Public domain], from Wikimedia Commons

Here’s a little taste of Hon. Robin S. Rosenbaum giving her colleagues from the Eleventh Circuit Court of Appeals a piece of her mind:

The issue this case raises—whether Title VII protects gay and lesbian individuals from discrimination because their sexual preferences do not conform to their employers’ views of whom individuals of their respective genders should love—is indisputably en-banc-worthy…. I cannot explain why a majority of our Court is content to rely on the precedential equivalent of an Edsel with a missing engine, when it comes to an issue that affects so many people.

So, how many of you think that your HR Generalists need to come to work all the time? Read this post.

July 18, 2018 | by Eric B. Meyer

By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia Commons

In yesterday’s post about an Americans with Disabilities Act case, I quipped about how the first paragraph of the Sixth Circuit’s opinion foreshadowed a bad outcome for the plaintiff.

Here were are again.

Another ADA case. Another Sixth Circuit appeal (Hostettler v. College of Wooster – opinion here). Another request for a modified work schedule. And another unsuccessful plaintiff at the lower court.

But, this wasn’t just any plaintiff. Continue reading

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