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The Employer Handbook BlogProving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Social media posts from outside the office can foster a hostile work environment at work
Picking up where the EEOC left off earlier this year with its harassment guidance for employers that postings on a social media account targeting employees can contribute to a hostile work environment, the Ninth Circuit Court of Appeals recently reached the same conclusion in an opinion issued last week. Continue reading
Oh, you think you know retaliation, do you? Wait until you see this.
Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. Continue reading
Firing fast in certain situations can help defeat retaliation claims. Yes, firing FAST!
The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading
Must an employer grant a RETROACTIVE workplace accommodation if a disabled employee requests one??
No.
At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. Continue reading
How to investigate claims of harassment — when the accused is part of HR
Yesterday, we addressed the risks of not letting HR do its job by investigating sexual harassment complaints. Today, we’ll discuss a recent decision underscoring the importance of thoroughly investigating employee complaints.
50,000 reasons to reconsider scolding an HR Manager for investigating sexual harassment claims (i.e., doing their job).
Yesterday, the U.S. Equal Employment Opportunity Commission announced that a Pennsylvania-based construction company will pay $50,000 and furnish other relief to settle a retaliation lawsuit.
Previously overlooked, a black man changed the name on his resume to sound less ethnic. Then, he got an interview. Now, he’s suing.
Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading
How to address employees that refuse unconscious bias training
A company fired an employee who objected to completing mandatory unconscious bias training. He claimed retaliation, but an appellate court disagreed and dismissed his lawsuit.
I’ll explain why.
Here are a few pages to add to your ADA accommodation playbook from a recent federal appellate court decision
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.
Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading