It’s not that often that you come across a case where an employee alleges a hostile work environment based on religion. Sex? Sure. Race? Yep. But religion? Not so much. Yet, when your employees are faced with the choice “My religion or my job,” it’s time to call the lawyers. Cause, I…
The Employer Handbook Blog
5 FMLA facts that may surprise even the most-seasoned HR pros
How do I top yesterday’s FMLA cluster? That’d be like asking a pitcher who just threw a no-hitter to get back out there and pitch another one. Well, gimmee a second to limber up, grab my rosin bag, and, Imma start dealing a few FMLA curveballs. (See what I did there?)…
Booby scars, or don’t return from FMLA!
With four years of blogging under my belt, I have a pretty good sense of what may audience comes to expect from this labor and employment law blog: typos grammar errors snark “where does Eric find this stuff” posts For today’s post, I don’t have enough hats to tip to…
Protected conduct “can be as simple as telling a supervisor to stop.”
When I think about retaliation, I think about that time I plastic-wrapped the judicial toilets after losing a motion to compel an employee who gets fired after complaining about discrimination to an HR Manager or the EEOC. These actions epitomize the “opposition” and the “participation” clauses of Title VII of the…
EEOC scores a major victory for transgender rights
Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another. One of those cases settled last week for $150K. Yesterday, the other action survived the employer’s motion to dismiss the case. Now, the federal court deciding…
For ADA and accommodating employee disabilities, think ‘Burger King’
ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets. Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons…
Are there no limits to what employees can get away with on social media?
I can’t blame you if last month’s decision from the National Labor Relations Board, left you asking the question: “Are there no limits to what employees can get away with on social media?” The Board decision, in case you missed it, reinstated an employee who went on Facebook and called his boss a “NASTY MOTHER…
The Employment Law Blog Carnival: April Showers Edition #ELBC
Three highlights of my weekend: This sword-balloon fight at dinner on Saturday. Eagles sign Tim Tebow. Because, what could possibly go wrong by reuniting this with this in Philadelphia? Catching up on the pilot of the new FX show, The Comedians. I’m all in. Honorable mention — ok, better than the balloon fight…
Revealed! The EEOC’s new proposed wellness program rules.
More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, yesterday, the EEOC released its new proposed rules on wellness programs. Although, based on the Paul Blart reviews, hemorrhoids too may be more eagerly anticipated. No strikethrough on the last sentence. Weird. But, if you want to have an employee…
Dude, you were fired for fellatio jokes, not your disability.
Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…