Since all of you have mastered reasonable accommodations under the Americans with Disabilities Act, this post seems rather unnecessary. Oh, that’s weird. Why is the there smoke billowing from my blog servers? (Although that could still be there from last Friday). Qualified Individuals and Essential Job Functions. Under the Americans with Disabilities…
Eric not pictured (probably off blogging somewhere) And, I already ruined this post with a sports metaphor. Dammit! Let me introduce you to my wife, Carly. I love her. Our kids love her. Olaf loves her. Goats love her. Not sure about this rooster, though. When she’s not designing #1…
There is a growing trend across the country for employers to remove job-application questions about criminal-record history. Ban the Box notwithstanding, other common job application no-no’s continue to trip up certain employers. For example, last week, the EEOC announced (here) that it had settled a discrimination complaint filed under the…
On December 1, 2016, the new Department of Labor overtime rules will take effect. Yesterday, Senate labor committee Chairman Lamar Alexander (R-Tenn.) and Senate Homeland Security and Governmental Affairs committee chairman Ron Johnson (R-Wisc.) announced (here) new legislation under the Congressional Review Act to to stop the overtime rules dead in their tracks. You…
Last week, the EEOC announced (here) that it had filed this lawsuit against a Massachusetts employer, in which it alleges that the company violated federal law when it refused to effectively accommodate an employee’s religious beliefs. It’s a wicked pissah! Religious accommodations for flu shots. Here’s a summary of this new civil action from…
Kinda like this blog. I’d settle for a sandwich to call it even. Maybe some ketchup packets. Late last week, the EEOC announced here that, for the first time in 14 years, the agency in charge of enforcing federal anti-discrimination laws will update its current guidance on national origin discrimination. Actually, it…
Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act. Uh, Eric, it was Tuesday. ***stabs inner voice with a Q-Tip*** Well, guess what? Yesterday, in Cellular Sales of Missouri…
Around this time last year, I invited readers to connect at the 2015 SHRM Annual Conference and Expo in Las Vegas. Notwithstanding my try-too-hard-to-be-whimsically-irreverent approach, I made some great connections. Now, one year wiser, I’m going to keep it sincere and humble. So, imagine arriving in Washington, DC, only to being…
Like when referring to the plaintiff (57) and his two co-workers (61 and 67), a boss allegedly remarks, “It’s time you got rid of those old son of a bitches.” Age discrimination, maybe? Hey, before you decide, how about the CEO allegedly saying that the company should have “new blood” and…
As I think about all of the agreements with arbitration provisions that I’ve drafted for clients over the years. ***wipes brow, tugs collar, clutches pearls*** Certain arbitration agreements may blunt certain federally-protected rights employees have to discuss working conditions with one another. The National Labor Relations Board is not fond of…