It’s very well settled law that accommodating a customer’s preference to be serviced by employees of a particular race is, well, racist. A few weeks ago, this situation arose with a Lowe’s store in Virginia. A CBS affiliate reported (here) that a white Lowe’s customer refused to accept a delivery…
The Employer Handbook Blog
SHRM hosted a Twitter chat on tricky ADA/FMLA issues. Guess who’s got the full recap?
The SHRM blog does, silly. But, I can link to the preview (here) and the recap (here). Definitely check those out. Allen Smith, Manager of workplace law content at SHRM, and a host of others did a great job fielding questions about the ADA and FMLA issues that keep HR professionals up…
112,500 ADA reasons not to force an employee to stay home until 100% healed
You might as well paint a huge bulls-eye on your business and open up your checkbook. This EEOC press release, announcing an Americans with Disabilities Act settlement with a senior living facility explains why: Brookdale Senior Living Communities, Inc. of Denver will pay $112,500 and furnish other relief to settle…
The outdoor worker who couldn’t work in the sun lost his ADA claim
Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea. The lede, up to the word “sun.” Yesterday, I read this federal court opinion about an employee who was hired to work outdoors during the day. Unfortunately, during the employee’s…
HELP WANTED: Seeking Senior VP of Sales, ideally 45-52 years old. Wait, WHAT?!?
I was going to blame the tardiness of today’s post on technical difficulties. Except, the only thing that was technically difficult about it was trying to muster the energy to blog last night after spending four hours in the sun with my 6-year-old at the Eagles first preseason game. I’m happy…
There’s fudging credentials, and then there are these fifteen resume doozies.
CareerBuilder has released the 2015 edition of its “Biggest Resume Blunders” Survey. You know, about that seventh bullet. I was positive that I’d changed my email address before submitting that resume to NASA. Oh well. Their loss. Here’s the full list: Applicant claimed to be a former CEO of the company…
A suspension with pay is not discrimination, you guys.
[Editor’s Note: The employer in this post is a client; although, I did not represent this client in this case]. Yesterday, in Jones v. Southeastern Pennsylvania Transportation Authority, for the first time ever, the Third Circuit Court of Appeals recognized that a suspension with pay is not an “adverse employment action” under the…
How do you make a wage-and-hour lawsuit go away?
Nope. Try again. [music] [If you haven’t nominated this blog yet for the ABA Journal’s Blawg 100 Amici, what the heck are you waiting for? Time’s running out and daddy needs a new pair of everything. Seriously, it’ll take you a few secs. As opposed to the countless hours I…
Can a company fire its HR Manager for taking the employee’s side in a discrimination complaint?
Well, you can forget about that “place at the table.” That’s for sure. ***ducks thought-leader mashed potatoes and change-agent stuffing*** [music] An EAP consultant gets fired for supporting an employee. In DeMasters v. Carilion Clinic (opinion here), Mr. DeMasters, an employee assistance program consultant, claimed that he helped another employee initiate and pursue…
Don’t forget anti-harassment training for temporary workers
In these Summer months, it’s easy to relax a bit. For example, last weekend I spent Sunday morning sleeping off a fun Saturday night in the shade of a tree on my front lawn while my four kids played slip-and-slide in traffic on the front lawn too. Although, I did…