The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace against disabled individuals. By law, if an employer knows that an employee or applicant is disabled, it must reasonably accommodate the known disability, if doing so would not impose an “undue hardship” on the operation of the employer’s business.…
The Employer Handbook Blog
Fact or fiction: Federal law recognizes “reverse age discrimination”
Welcome to the inaugural edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post“. So, I was recently asked whether a younger employee may have a federal age-discrimination claim against his employer if the company treats a…
Does an employer’s computer policy trump the marital privilege?
Let’s assume that your company — as many do — has a computer-use policy, which underscores that electronic communications sent over your network are not private and the company has the right to monitor all such electronic communications. Under federal law, communications between the spouses, privately made, are generally assumed…
The Carnival of HR rolls into town again
For those of who have yet to check it out or have never heard of the Carnival of HR, shame on you! The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. This week, the Women of HR blog is hosting the Carnival. You’ll…
A “social media specialist” gets fired for a Twitter gaffe at work
Fueled by the remaining adrenaline from the Bruins 4-0 beating of the Canucks — 2 more wins… just 2 more — I am banging out this blog post just before the clock strikes 12. I have news of a new Twitter firing involving a “social media specialist” and an update…
Supreme Court limits an employer’s ability to recoup attorney’s fees
In an employment discrimination action asserted under federal law, an employee-plaintiff may recover a reasonable attorney’s fee if the plaintiff prevails. So too may an employer-defendant recover fees if it prevails and the court determines that the plaintiff’s suit is frivolous. But what happens if an employee-plaintiff asserts multiple claims…
Social-media shenanigans and Anthony Weiner drinking games
“I just want to advise people watching at home, playing that now-popular drinking game of you take a shot whenever the Republicans saying something that’s not true: Please assign a designated driver. This is going to be a long afternoon.” — Anthony Weiner (from the House Floor on 1/19/11) You can’t…
Will a new NFL CBA include social media restrictions for players?
I’m guessing that social media is not at the top of either side’s list of demands. However, player tweets like this and, in particular, this one from Pittsburgh Steelers running back Rashard Mendenhall following the death of Osama bin Laden have some speculating that a new collective bargaining agreement could…
“Cat’s Paw” doctrine applies to claims of age bias
Wednesday night was crazazy, yo! I had this dream that was I slaloming down a snowy mountain towards a giant fortress under a hail of gunfire. But the next thing I know, I wake up and I’m falling down this elevator shaft. And, just as I’m about to bite it,…
POLL: Would you ever announce your retirement online?
Yesterday afternoon, Shaquille O’Neal (@Shaq) put an end to an illustrious 18-year NBA career in a single tweet: As I type this post — during the second intermission of the Stanley Cup Finals — the hashtag #ShaqRetires is still trending on Twitter. So, the question is, would you ever use…