Twenty-one states and the District of Columbia have laws banning workplace discrimination in the private sector on the basis of sexual orientation. The Commonwealth of Pennsylvania, which currently bans discrimination based on sexual orientation and gender identity or expression in public employment, may soon become the latest state to ban…
The Employer Handbook Blog
Breaking Bad: The Lost Episode (the one about Jesse’s ADA lawsuit)
A few years back, I sent in a Breaking Bad script to Vince Gilligan. At the time, I was concerned that the show was becoming too one-dimensional. High school teacher becomes meth kingpin. Yeah, I guess that could make for some good television — if you like taut, well-written, well-acted…
What could possibly go wrong with a sham workplace investigation?
Well, if it means that the employee diagnosed with anxiety and depression — the one who requested a reasonable accommodation to perform her job — gets fired. Well, then, a lot. That’s basically what happened in this recent federal court case out of Kentucky. You see, normally, a court won’t…
When it comes to ADA accommodations, reasonable is good enough
Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that doing so how cause it undue hardship. Generally, an employee will initiate the process by advising her employer that she is disabled…
A woman sharing topless photos at work prolly isn’t an invitation to grope her
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Paula Deen beats the race-discrimination claims that crushed her
Somewhere, I picture the folks at Merriam Webster franticly revising the definition of “Pyrrhic” to cross-reference a stick of butter Paula Deen. Yesterday at The Employer Handbook, I discussed the EEOC losing a major battle in its war against background checks. Today, it’s all about winning the battle, but losing…
In its war on background checks, the EEOC loses a major early battle
Late last year, in this post, I highlighted the six issues that the United States Equal Employment Commission prioritized in its Strategic Enforcement Plan. Numero uno is eliminating barriers in recruitment and hiring. Even before it released its Strategic Enforcement Plan, earlier in 2012, the EEOC telegraphed that it would…
Hiring managers share 10 awesome job pitches, and 10 epic fails!
There’s a fine line between genius and insanity. Voting for this blog for the ABA Journal Blawg100 (today is the last day to nominate blogs, so, please, please, please): genius; Boston Red Sox Chardonnay: nutbars. When applying for a new job, you need more than just a resume to stand out…
Few courts award w/c to the drunk, pot-smoker, who falls on his head while peeing
This is the story of a longshoreman who, on January 8, 2006, drank two beers before going to work at 8:00 a.m. Between 8:00 a.m. and 12:00 p.m., he knocked back another three cold ones. At lunch, he washed down his liquid breakfast and snack with another four to five…
It’s THIS easy to be considered disabled under the ADA
When the Americans with Disabilities Act Amendments Act went into effect in 2009, it significantly lowered the bar for proving a “disability.” How low did it go? [cue ironic music, you’ll see in a sec…] You’ll see how low when your employee — like you and I — suffers from “episodic” (that’s…