Last week it was #thedress. Before that, Kim Kardashian broke the internet. But, first, there was the Jimmy John’s non-competition agreement kerfuffle that dominated my Twitter. Probably not yours though, because you have a life. Then again, here you are reading this post, pot. Or shall I call you kettle? [Hey…
The Employer Handbook Blog
Let’s talk about pregnant-stripper bias. And BFOQs too. Mostly, BFOQs.
I know what some of you are thinking, “Seems more like a Tuesday topic to me.” To you folks I say, “Get the hell out of here! YOU’RE NUTS!!!” Ok, you’re right, let’s start over. One of the exotic dancers at a Georgia gentlemen’s club got preggers. Wait. Do the…
Ditch those inflexible leave policies, would you already? #FMLA #ADA #EEOC
Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “interplay.” (By the way, if you want to…
When should you ask your job applicants about their religious beliefs?
Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. In Abercrombie, the company did not hire a woman who wore a headscarf at her interview, because she did not conform to the company’s Look Policy. The issue before the Supreme Court was whether an employer can be liable…
The pharmacist who refused to give flu shots lost his age discrimination claim
In a world, where an employee cannot prove age discrimination after getting fired for playing golf during his medical leave, comes the story of a pharmacist *** dramatic pause *** who wouldn’t give flu shots. While we wait for Hollywood to greenlight this movie — I’m thinking Gary Oldman as the pharmacist and…
EEOC takes a lickin’ on background checks; will keep on tickin’
If you follow me on Twitter (@Eric_B_Meyer), you saw I broke the news last Friday that the Fourth Circuit Court of Appeals (here) joined the Sixth Circuit (here), in excluding expert testimony from the U.S. Equal Employment Opportunity Commission on how certain background checks may have a disparate impact on certain…
A social media lesson to share with your workforce
By now, we all must have a great story. Maybe it’s about a co-worker. Or more likely, something we read online — probably on this blog. Each of us knows about someone who, in a single careless tweet, status update, or selfie . . . lost their job. A little…
Caught playing golf during his leave, court slices plaintiff’s ADEA claim
See what I did there? (Yes, folks, it was either that or a riff on clown’s mouths and windmills). When the plaintiff, in this case, took leave from his job after ankle surgery, he did so with certain medical restrictions on his physical activities. Thus, when the company learned that…
Tips You Need to Avoid Tipping Headaches
Do you know how hard it is to come up with 17 kick-ass action movie quotes for a single blog post? I don’t think you do! Folks, it’s not all Yippee-ki-yay, motherf*&^er! For discretion is the better part of valor. The subtleties and nuances of selection (John Matrix – yes; John Kimble…
The Employment Law Blog Carnival: “Kick-Ass Action Movie Lines” Edition #ELBC
Welcome, everyone, to the February 2015 edition of the Employment Law Blog Carnival. For those who don’t know, the ELBC, as we like to call it, is a monthly installment of the latest and greatest from the employment-law blogosphere. Each month, a different host and a different theme. In January,…