Image by Hebi B. from Pixabay The U.S. Equal Employment Opportunity Commission seems to think so. Here’s more from a recent press release announcing a Title VII lawsuit against a Midwest employer for refusing to accommodate a Christian employee who refused to have his fingerprints taken: The EEOC’s pre-suit investigation…
The Employer Handbook Blog
As if restaurants haven’t endured enough already, the DOL just announced an 80/20 rule on steroids.
Gary J. Wood, CC BY-SA 2.0, via Wikimedia Commons Do you have tipped employees? If so, you’re gonna want to keep reading. If not, I’ll see you tomorrow. (Either way, before you go, make sure to register here for the return of The Employer Handbook Zoom Office Hour on Friday, June…
Let’s answer some of your COVID-19 return to work questions. The Zoom Office Hour returns this Friday, 6/25 at Noon ET
Image by StartupStockPhotos from Pixabay Last Wednesday, as part of the U.S. Equal Employment Opportunity Commission’s EXCEL Conference, three of us (me and two of the EEOC’s education and outreach coordinators) gazed into our crystal ball to predict some of the issues that employers will face as more employees return…
The anatomy of a sex discrimination claim. (Trust me. It’s not as stimulating as it sounds).
Image by Oberholster Venita from Pixabay Today we’re going back to the basics and learning how a plaintiff must prove a sex discrimination claim based on circumstantial (i.e., the defendant doesn’t concede, “I fired you because you’re a woman.”) A prima facie claim for sex discrimination. First, a woman alleging…
How much social media discovery can you get from an employee who sues you for discrimination?
Ibrahim.ID, CC BY-SA 4.0, via Wikimedia Commons It depends. (Sorry). But, for added context, I love this quote from a recent Maryland federal court opinion: [There are] complexities in relying on a party’s social media postings as an unvarnished chronicle of their lives or a contemporaneous journal of their true…
Happy Belated 1st Birthday to an LGBT rights landmark decision. I brought cake and presents! 🎂🎁
Stephanie Astono Salim, CC BY-SA 4.0, via Wikimedia Commons Yep, we’re celebrating! On June 15, 2020, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964.…
Secretary of Labor to Congress: The salary level cutoff for overtime is too low. We’re changing it.
limbo by Gan Khoon Lay from the Noun Project I still get a kick out of people using the term “salary exempt,” as in, we pay that employee a salary, so s/he isn’t eligible for overtime. Under the Fair Labor Standard Act, a salary is just one of several components…
A federal judge has issued the first ruling on mandatory COVID-19 vaccinations at work. And His Honor is spittin’ 🔥🔥🔥
Image by Shafin Al Asad Protic from Pixabay As the kids say, I’m 💀💀💀. The setup In early April, a hospital announced a policy requiring all employees to receive the COVID-19 vaccination by June 7. So over 100 employees sued in federal court, seeking an injunction to stop the mandate.…
Yep, yet again the Paycheck Fairness Act is dead again.
Image Credit: Photofunia.com Earlier this week, the Senate failed to advance a measure designed to promote gender pay equity called the Paycheck Fairness Act. If this sounds familiar, it’s because I told you so. As I predicted, sixty U.S. Senators could not agree to end the debate (e.g., filibuster) on…
Creating a new “job sharing” position is not a reasonable accommodation
Got Credit, CC BY 2.0, via Wikimedia Commons You work for a progressive employer. Flexible work arrangements? For sure! Your company’s flexible work policy permits telework, flexible hours, and part-time work and with manager approval. But, flexible work arrangements are not an entitlement. Managers will approve or deny a flexible…