Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. In writing. (Although, there is an exception for people with a disability.) I can only imagine the job interview: “Hey,…
The Employer Handbook Blog
For this employer, if only the EEOC’s hearing disability guidance had come out sooner
Yesterday, I told you about the EEOC’s new resource document for assisting individuals with hearing disabilities. Today, I’ll tell you how the Second Circuit Court of Appeals breathed new life into the failure-to-accommodate claims of a deaf individual who worked as a case manager for a city’s Human Resources Administration…
The EEOC has a new resource document for assisting individuals with hearing disabilities
If you’re an employment law nerd like me, in addition to being the envy of your neighborhood, you also know that the U.S. Equal Employment Opportunity Commission does not shy away from bringing failure-to-accommodate claims on behalf of deaf individuals. Look at all of them! With limited resources at its…
Thinking about checking your employee’s Gmail account? Stop and read this first.
A couple of years ago, I blogged (here) about a company that installed spyware to monitor an employee’s Facebook Messenger activity, discovered a nefarious plot to secure client information and intellectual property, and obtained an injunction to stop the employee from starting a competing business. But there are legal limits…
Here is what makes equal pay claims so difficult to win
When a longtime government agency employee sued her employer for violating the Equal Pay Act, she argued that the defendant paid her male coworker more for “essentially the same job.” In her mind, their roles “were complementary and [their] duties equal.” But that’s not enough to show prevail under the…
Let’s talk about religious discrimination (and MORE!) with EEOC Commissioner Andrea Lucas at Noon ET today!!!
Over the past few years, employers encountered a spate of religious accommodations requests from employees seeking religious exemptions from getting the COVID-19 vaccine. Last week, plaintiffs filed a series of new lawsuits against a national drugstore chain, accusing it of failing to accommodate the religious beliefs of employees who objected…
I’m not done with yesterday’s post yet. You need to hear about the retaliation claim!
On Wednesday, I blogged about a woman who worked as a “helper” for a construction company. She alleged that she had to endure misogynist comments from her general manager, who told her in front of others that, since she had “t*** and an a**,” she could not perform certain functions…
Is it sex discrimination to assign a woman different tasks than a man in the same job?
A woman received a promotion at a construction company from laborer to helper. Helpers either work on the ground or “at elevation.” The woman had experience working at elevation at another company. She wanted to work at elevation again in her new job to improve her skills because advancements would…
How might the Supreme Court’s decision to reexamine religious accommodations impact employers?
Last May, I wrote about this religious discrimination case involving an employer’s duty to accommodate a plaintiff who needed Sundays off to observe his religion. The court decided the case in favor of the employer, which led to this appeal to the U.S. Supreme Court in August, asking that it revisit its…
Join me and EEOC Commissioner Andrea Lucas on Friday, 1/20/23, at Noon ET for The Employer Handbook Zoom Happy Hour
I told you that the first Zoom Office Happy Hour of 2023 at The Employer Handbook would be a big one! Earlier in the week, the U.S. Equal Employment Opportunity Commission announced here that it had released its draft of its Strategic Enforcement Plan (SEP). Once finalized, the SEP will…