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The Employer Handbook BlogAn EEO-1 Limerick #WednesdayEEO1LimerickDay
Today, I’m channeling my inner ***check notes*** poet. Continue reading
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The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace
Marielam1, CC BY-SA 4.0, via Wikimedia Commons
Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.
While Bostock has nothing to do with bathrooms and G.G. has nothing to do with the workplace, I think you can see where I’m going here.
The EEOC is suing a work placement agency for individuals with disabilities for, yep, disability discrimination.
MikeRun, CC BY-SA 4.0, via Wikimedia Commons
I really wanted to use the Spiderman meme here. But to avoid any potential copyright issues, please accept this cheaply executed facsimile — not in counterparts — instead. And here is some music to hammer the point home. Continue reading
The House wants to make it easier to bring age bias claims. But will the Senate co-sign?
David Maiolo [CC BY-SA 3.0], via Wikimedia Commons
Is COVID-19 an actual disability under the ADA? Not always, says one court.
Image by fernando zhiminaicela from Pixabay
In anticipation of the triumphant return of The Employer Handbook Zoom Officer Hour on Friday, June 25 at Noon Eastern, when we’ll focus on answering all of your COVID-19 return to work questions, it struck me that one of the big issues is COVID-19 itself. Specifically, is COVID-19 a disability under the Americans with Disabilities Act?
If you haven’t done so already, go ahead and register here for this free event. And below, I’ll provide a sneak preview of how one court resolved whether COVID-19 is an ADA disability.
As if restaurants haven’t endured enough already, the DOL just announced an 80/20 rule on steroids.
Gary J. Wood, CC BY-SA 2.0, via Wikimedia Commons
Do you have tipped employees? Continue reading
Let’s answer some of your COVID-19 return to work questions. The Zoom Office Hour returns this Friday, 6/25 at Noon ET
Image by StartupStockPhotos from Pixabay
Last Wednesday, as part of the U.S. Equal Employment Opportunity Commission’s EXCEL Conference, three of us (me and two of the EEOC’s education and outreach coordinators) gazed into our crystal ball to predict some of the issues that employers will face as more employees return to the workplace. Continue reading
The anatomy of a sex discrimination claim. (Trust me. It’s not as stimulating as it sounds).
Image by Oberholster Venita from Pixabay
Today we’re going back to the basics and learning how a plaintiff must prove a sex discrimination claim based on circumstantial (i.e., the defendant doesn’t concede, “I fired you because you’re a woman.”) Continue reading
How much social media discovery can you get from an employee who sues you for discrimination?
Ibrahim.ID, CC BY-SA 4.0, via Wikimedia Commons
It depends. (Sorry).
But, for added context, I love this quote from a recent Maryland federal court opinion: Continue reading