On Wednesday, the FMLA celebrated its 22nd birthday. Did you know that the U.S. is the only industrialized nation without paid family medical leave? Yes, really. And, while I don’t expect that to change anytime soon, you may be interested in learning how the DOL plans to enforce the law. Here’s a…
The Employer Handbook Blog
How Kelly Osbourne’s “poor choice” of racist words can help businesses address discrimination
Earlier this year, Kelly Osbourne walked out on E!’s Fashion Police shortly after her co-host, Giuliana Rancic, criticized a young African-American Disney star. Specifically, Ms. Rancic called out the actress for donning dreadlocks at the 2015 Oscars, saying that she must have smelled of “patchouli” and “weed.” Many found Ms. Rancic’s comments racist. Ms. Osbourne too must…
Pre-Hire Inquiries and Medical Exams: Don’t do what this employer did
When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year. In EEOC v. Celadon Trucking Services, Inc. (opinion here), the EEOC accused Celadon Trucking of violating the Americans with Disabilities Act, by engaging in a “pattern or practice” of…
Two for Tuesday: EEOC Report on the American Workplace
My apologies for skipping out on a post yesterday. Someone had a case of the Mondays. So, I’ll make it up to you now — kinda like serving you a prairie fire and then a cement mixer. Yep, my blog fodder is not quite rail drink-worthy. Anyway… (In my best radio announcer…
The latest NLRB decision could provide many fired employees with a huge second bite at the apple.
In a decision issued last week (here), the National Labor Relations Board ruled that “the filing of an employment-related class or collective action by an individual employee is an attempt to initiate, to induce, or to prepare for group action and is therefore conduct protected by Section 7 [of the National Labor Relations Act].”…
Who win$ di$crimination law$uit$? The lawyer$, of cour$e.
About 3 years ago, after a 6-day trial, a Colorado federal jury concluded that a plaintiff had been retaliated against for participating in a discrimination complaint process. But, the jury didn’t award her much: $14,000 for out-of-pocket expenses, and $5,000 for emotional distress, pain, suffering, embarrassment, humiliation or damages to reputation. Then,…
Survey shows that the new proposed #overtime rules may be like whoa!
You know those proposed overtime rules from the Department of Labor. The ones where the salary-level for the white collar exemption will jump from $23,660 per year to over $50,ooo in 2016. Well, check this out. A survey on CareerBuilder.com of more than 1,000 “9-5 workers” shows that 50 percent of these…
The limits of addressing mental illness at work
Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough. Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can…
NJ Supreme Court: Whistleblower law protects watchdog employees too
Can a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower law? In case you missed it, earlier this month, the New Jersey Supreme Court answered…
Consider this approach to the ADA interactive process
Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources. Save the Family and Medical Leave Act, I get more…