If you’ve ever had to address a Charging Party’s EEOC Charge of Discrimination, you know that drafting a good Position Statement, in which the specific claims of discrimination are addressed and supported with documents and facts is hella-key. This especially holds true now that the EEOC has announced new nationwide procedures that provide…
The Employer Handbook Blog
Employment Law Blog Carnival (#ELBC) Freaky February Holiday Edition
Are you sitting down? Good. Because, today, I’m sending you to an employee-rights lawyer. “Say, Eric. Can we get a splash of whatever’s in your morning coffee?” (Said no one). But seriously, my buddy Donna Ballman, an employee-rights lawyer, and darn good one at that, has taken the reins of…
A message from Stevie Wonder on providing accommodations to individuals with disabilities
Watch this video of Stevie Wonder at the Grammy’s. Ignore the tragic wardrobe selection. Instead, listen to the message about increasing accessibility to people with disabilities, and make sure that it carries over into your workplace. Remember it before… Your company insists that a job candidate with renal disease must…
That’s What They Said: “Justice Scalia’s impact on HR and employment law”
I really need to create a new meme. Over the weekend, the Supreme Court lost a true giant with the unexpected death of conservative Justice Antonin Scalia. Unfortunately, I can’t offer a fitting eulogy. I have no personal anecdotes; indeed, I’ve never met Justice Scalia. And, while I can quote episodes of…
New EEOC statistics highlight the importance of disability accommodations at work
Yesterday, the EEOC released its FY2015 Enforcement and Litigation Data. Consistent with prior years, claims of retaliation continue to dominate (44.5% of all claims filed with the EEOC). Race is second (34.7%). But, it’s disability discrimination — up a whopping 6% from 2014 — that should have your attention. What’s driving this…
Over 100 members of Congress want the DOL to deep six the proposed overtime-rule changes
On February 9, over 100 members of Congress signed this letter to Secretary of Labor Thomas E. Perez to voice their opposition to the new proposed overtime rules, which could go into effect in July. I only have an electronic version of the letter. But, it looks like it was signed in…
Boy sexts girl. Girl sexts boy. Nope, no sexual harassment here.
It’s the age old tale. Like a couple of sexting rabbits, a female employee and her male supervisor carrying on like, well, a pair of sexting rabbits. And, then, after the defendant-company fires the plaintiff-employee, she sues and claims that she was subjected to quid pro quo sexual harassment. So,…
FMLA and Migraines and Facebook and other things that will make you want to click
What happens when a registered nurse, who takes intermittent FMLA leave for her migraine headaches, has a such a bad one that it causes her to fall asleep at work? Can the company fire her? Will that violate the FMLA? Who wins this head-on collision? Will Eric stop asking questions, and just answer them already?…
What can you do about employees missing work today with a Super Bowl hangover?
Panthers. Broncos. Meh. Doritos won the Super Bowl, amirite? But, for the 10% of your workforce that may be missing work today, you’ll have to wait until tomorrow to get their opinions on the Super Bowl commercials. Many of those employees told you in advance that today would be a…
Ok, it’s my turn. Can you forbid an employee from job hunting while on FMLA leave?
On Monday, one of my favorite HR bloggers, Suzanne Lucas a/k/a The Evil HR Lady, addressed (here) a reader question about whether a company can legally prohibit an employee from seeking other employment while on leave covered under the Family and Medical Leave Act. As part of her post, Her Evilness…