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The Employer Handbook Blog

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The Employee’s claim: race bias. The evidence: noose, epithets, hooded sheet. The winner: Employer.

How?!?!?!?!? In McKinney v. G4S Government Solutions, Inc. (opinion here), an African-American employee claimed that his employer fostered a racially hostile work environment. Among other things, the plaintiff alleged that: a co-worker used the n-word in his presence; a fire chief told the plaintiff that the company had hired a “colored…

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If necessary, the ADA allows a company to make an employee see a doctor before returning to work.

No, it won’t violate the Americans with Disabilities Act. One of your employees is displaying erratic behavior at work. While you’re no medical expert, you feel as if the employee may become a threat to herself or others, if she isn’t already. So you place the employee on leave and require…

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“No more babies” and “Pregnant, bye” are bad talking points for your managers

Even Kramerica Industries knows better than that. This company did WHAT?!? One California employer, not so much apparently. That is, in September 2016, the U.S. Equal Employment Opportunity Commission filed this complaint in CA federal court against a local orchid grower. And that complaint contains some allegations that’ll make your head spin.…

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Court politely tells union where to stick its request to reinstate a member accused of sexual harassment.

***pops open can of Haterade*** A local Philadelphia-area school district employed a teacher/union advocate for about 10 years until it ended his employment on the grounds that he was creating a hostile work environment for his fellow teachers and making lewd and suggestive statements to students. Given that this is…

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A noogie could be retaliation. (I’ll take “What We Were Never Taught In Law School” for $400.)

noogie || noun noog·ie \ ˈnu̇-gē \ According to Merriam Webster, a “noogie” is the act of rubbing one’s knuckles on a person’s head so as to produce a mildly painful sensation. But, could a noogie be considered an act of retaliation under Title VII of the Civil Rights Act of 1964? (Hey,…

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Citing Harry Potter, Third Circuit requires employers to pay non-exempt workers for short breaks.

Yep, Harry Potter. On Friday, the Third Circuit of Appeals issued a precedential Fair Labor Standards Act opinion. The issue was whether the FLSA requires employers to compensate employees for breaks of 20 minutes or less after they log off their computers and are free from any work duties. I…

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Why intent doesn’t matter when a white guy gifts watermelon to his black co-workers. Or does it?

The Evil HR Lady, Suzanne Lucas, beat me to it. On Tuesday, Suzanne wrote here about a volunteer firefighter, who is white. And that white firefighter brought a watermelon to the fire station as a gift for his co-workers. According to this Fox 2 report, 90 percent of his co-workers are…