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The Employer Handbook BlogRead this before firing an employee for having an Only Fans account
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Articles Posted in Discrimination and Unlawful Harassment
Join us today at Noon ET on Zoom to learn how November’s election results may impact employment laws in 2025
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading
A coworker’s racist, sexist, and homophobic comments weren’t enough to create a hostile work environment. Here’s why.
Employers don’t have crystal balls.
Last week, the Third Circuit Court of Appeals reaffirmed the well-settled rule that when one coworker accuses another of creating a hostile work environment, that claim will fail ten times out of ten unless the employer knew or should have known about the harassment but failed to take prompt and adequate remedial action. It’s otherwise known as respondeat superior liability.
A “Situations and Solutions Finder” to make ADA job accommodations easier to provide? Yes, please.
As a thank you to the many readers who provided me with stellar Dallas-area BBQ recommendations, like the one featured above from Hutchins BBQ in McKinney, I’m sharing a tool that the U.S. Department of Labor recently announced to provide workers with disabilities and employers ideas for workplace accommodations. Continue reading
Join us on November 19 at Noon ET on Zoom for a look at how November’s election results may impact employment laws in 2025
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Continue reading
When employees publicize their own confidential health information it’s no longer confidential.
I’ll go ahead and file this one under “duh.” Continue reading
Court to white plaintiff: diversity does not equal discrimination
An employer’s statements about a successful job candidate’s “minority status, the American Dream, and the value of diversity” were not enough to show that it discriminated against an unsuccessful white candidate, ruled a New Jersey federal court recently. Continue reading
Don’t let these three manager mistakes undermine your company’s business judgment on ADA essential job functions.
The Americans with Disabilities Act prohibits discrimination against “qualified individuals with disabilities.” A qualified individual can perform the essential functions of their job with or without accommodation. While not the be-all-and-end-all, an employer’s business judgment about what job functions are essential carries substantial weight under the ADA. Still, courts often consider whether a particular job function is essential on a case-by-case basis.
Last night, I read a federal court opinion highlighting three ways employers and their managers can create uncertainty about which job functions are essential. Continue reading
This simple job description tweak could save your company from disability bias claims
It may be as easy as listing the essential functions of the job. Continue reading
What should employers do if they doubt the sincerity of an employee’s religious beliefs? NOT THIS!
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days.