Yesterday, I had one of those moments. You know the ones. For me, it was when a client asked me when I was going to blog about the Muslim workers in Colorado who were denied prayer breaks and, then, allegedly fired for protesting. So, I did what any self respecting…
The Employer Handbook Blog
Knife-wielding monkeys may be retaliatory; but, standard severance provisions are not.
Last year, I discussed (here) a case in which the United States Equal Employment Opportunity Commission sued an employer for retaliation under Title VII. Now, retaliation is the most common claim employment discrimination claim. But, what made this particular claim unusual was the EEOC’s attack on the employer’s use of knife-wielding…
Yes, your employees can legally record most workplace conversations
Back when the Lamborghini Countach poster was in your bedroom, spinach and artichoke dip was on the menu, and it was hip to be square, this image would have been fitting for this blog — what’s a blog?!?! — post. Yes, there was a time when a secret recording in the…
And the most popular blog posts from 2015 are…
Hey, don’t blame me. You clicked on ’em. He filed for custody of the kids; she filed a sexual harassment lawsuit 39 reasons why your employee handbook may violate the law OMG this supervisor’s responses to sexual harassment complaints Painting an employee’s testicles white may be retaliation, you guys. Can…
Do you have Muslim or Middle Eastern employees? Read this EEOC Fact Sheet
Last week, I highlighted an often overlooked EEOC enforcement effort: protecting vulnerable workers. Shortly after my post, the EEOC continued its efforts to support vulnerable workers by issuing this statement to address workplace discrimination against individuals who are, or are perceived to be, Muslim or Middle Eastern. Good on ya, EEOC.…
Can an employee fired for an extra-marital affair claim marital-status discrimination?
Well, I suppose you can claim just about anything. For example ***takes big dose of medication*** I claim god status on the third sun for Rondor. My fourth place finish on the unaired celebrity-blogger episode of Chopped really raised by Rondor grass cred. (No streets on Rondor; only luscious purple grass). But, when…
Two early HR Christmas presents
Or late Hanukkah presents. Or early Kwanzaa presents. Or timely Festivus presents. Or, you get the idea. My first present is a re-gift. Over at Win-WinHR, Lorene F. Schaefer, Esq. hosts this month’s edition of the Employment Law Blog Carnival: A Festival of Lessons Edition. If you need to get caught up on…
Is job-related anxiety an ADA disability? It depends…
I train a heckuva lot of managers and HR professionals on leave issues relating to the Americans with Disabilities Act and Family and Medical Leave Act. (Yes, you can have a copy of my presentation, just email me). One issue that often crops up in discussing the intersection of the two…
Huge $5M EEOC settlement spotlights an enforcement priority that you may be overlooking
In late December of 2012, the EEOC approved its Strategic Enforcement Plan for 2013-2016. Sadly, one of the agency’s enforcement priorities has been ignored on this blog. Until now. Protecting Immigrant, Migrant and Other Vulnerable Workers. There are six EEOC enforcement priorities. While there is no hierarchy among the six,…
A jury will decide whether a quadriplegic welder will win his disability discrimination claim
Yeah, I thought you’d click on this one. From the blog that brought you the Americans with Disabilities Act claims of the bridge worker with a fear of heights, the firefighter afraid of fighting fires, and the utility person who could climb utility poles, comes the quadriplegic welder and his claims of disability…