Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute. So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create…
The Employer Handbook Blog
Will the EEOC become more employer-friendly in the Fall?
*** whistles *** The word on the street according to Kevin McGowan at Bloomberg/BNA (here $$$) is that U.S. Equal Employment Opportunity Commission Chair Jacqueline A. Berrien (D) has decided not to seek renomination to the EEOC. Originally an Obama recess-appointment, the Senate confirmed Ms. Berrien as EEOC Chair in…
Yes, you can fire an employee who discloses a disability at his termination meeting
Filed under: duh! More on this one after the jump… * * * Let’s assume that you have an employee who commits a terminable offense. For example, in Martins v. Rhode Island Hospital, surveillance cameras and the Hospital’s employee ID swipe system suggested that Martins left work for approximately four…
The Employment Law Blog Carnival: Instagram Edition #ELBC
If a picture says a thousand words, then my editors are going to be hella-mad at me. After the jump, it’s the best of the employment law blogosphere told through the eyes of Instagram. * * * (Yes, I am that lazy. Although, apparently, I did exceed my word count.…
NJ Gov. Christie vetoes bill to protect unemployed job hunters
A bill that would have made it illegal for New Jersey companies to refuse to hire a job candidate because of his/her employment status is dead for now. Find out why after the jump… * * * Last week, New Jersey banned the box. However, Bob Jordan at the Cherry…
NLRB may encourage your employees to file OSHA, FLSA claims too
Last week, the National Labor Relations Board issued this memorandum in which it has instructed regional offices to encourage employees to file complaints with the United States Department of Labor if the the regional NLRB office “believes that an employer may have violated a substantive or anti-retaliation provision of [OSHA]…
This may be the worst lie ever told on a resumé. Like ever.
I was reading this recent CareerBuilder survey, which reports that 58% of employers have caught a lie on a resumé. (Most popular lie: skills embellishment). As, CareerBuilder is apt to do, the survey contained a section of some of the most outlandish lies ever caught on a resumé. Some that…
NJ Gov. Christie signs ban-the-box legislation
Come January 1, most NJ employers will no longer be able to ask about an applicant’s criminal record during the initial employment application process. That’s right. Ban the box will be b-b-b-b-banned in the Garden State! More on the new law after the jump… * * * I mean, when…
An employer-defendant argued that cancer — CANCER!!! — is not an ADA disability
How do you think that worked out? (I’ve got a pretty good guess too). After the jump, let’s see if we’re right. * * * In EEOC v. Midwest Regional Medical Center, LLC (yes, the employer-defendant was a friggin’ hospital!!!), the United States Equal Employment Opportunity Commission filed suit on…
New Hampshire becomes the latest state to pass a social media workplace law
And I’m speaking today on social media in the workplace at the 2014 EEOC Excel Conference Everything’s coming up Milhouse. More on the former (and a little about the latter) after the jump… * * * New Hampshire’s new law. Starting on September 30, 2014, New Hampshire employers will be…