Search
The Employer Handbook Blog
Articles Posted in
Be careful. Your employee tracking software and equipment may be illegal in some states.
Did you happen to catch my friend Jon Hyman’s blog post about employers who surreptitiously install tracking software on electronic devices to monitor their employees?
Your mileage may vary as to whether it’s good for business. In some states, it may be downright illegal.
Continue reading
How much medical information can we get from employees who may have disabilities?
The Americans with Disabilities Act has strict rules about the scope and manner of disability-related inquiries and medical examinations of workers. Continue reading
The Women’s National Team settled its equal pay claims with U.S. Soccer for $24M.
About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job. Continue reading
Without this key element, you can kiss that retaliation claim goodbye
A plaintiff asserting a retaliation claim against his employer must establish three elements:
- A protected activity (such as complaining about discrimination),
- A materially adverse employment action (such as a termination of employment), and
- A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)
Why did a federal judge call an appellate decision on private COVID-19 mandates an “orgy of jurisprudential violence?”
And that’s just the tip of the iceberg in this blistering (albeit, PG-rated) 58-page dissent to yesterday’s non-precedential Fifth Circuit decision, in which the majority concluded that a private company’s workplace vaccine mandate could irreparably harm individuals with disabilities and strong religious beliefs. Continue reading
That time the EEOC recovered $250K for a C-Suite employee who claimed disability discrimination
Proving that the U.S. Equal Employment Opportunity Commission doesn’t just enforce anti-discrimination laws on behalf of the “little guy,” the EEOC announced on Monday that it had recovered $250,000 from a company that allegedly terminated its former CFO because of his disability.
Yes, that’s when it happened. Or, at least when the EEOC announced a settlement that it had reached — Happy Valentine’s Day!
This one goes out to all you New Jersey arbitration nerds.
If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn.
(The rest of you can bug out and play Wordle.) Continue reading
