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The Employer Handbook BlogWhen employees publicize their own confidential health information it’s no longer confidential.
I’ll go ahead and file this one under “duh.” Continue reading
Articles Posted in Discrimination and Unlawful Harassment
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.
Wait until you see how EASY it is to plead a claim of discrimination in federal court
A recent Eleventh Circuit decision serves as a sobering reminder to employers why a plausible claim — a mere inference of bias – is all it takes for a plaintiff to pursue discrimination claims. Continue reading
How can your business avoid retaliation claims? Just do what this company did.
When an employee complains about discrimination or unethical business practices, there’s often a concern that they’ll construe any subsequent adverse employment action as retaliation. Continue reading
Force your employees to sign THIS, and the EEOC may nail you for ADA interference
Something caught my eye yesterday as I was perusing the EEOC newsroom. The federal watchdog recently announced that it had filed a lawsuit against an employer for something called Americans with Disabilities Act interference.
What exactly is ADA interference? Continue reading
100,000 reasons to accommodate an employee after she experiences a stillbirth (and not fire her four days later)
About two weeks ago, I spotlighted an EEOC lawsuit where the agency claimed an employer fired a woman four days after she experienced a stillbirth and one day after submitting a confirming letter from her doctor, which also recommended six weeks to recuperate physically and grieve. Continue reading
Rest in Peace: Lilly Ledbetter, an equal-pay activist and icon
U.S. Department of Labor, CC BY 2.0, via Wikimedia Commons
Over the weekend, Lilly Ledbetter, a woman who unintentionally became a champion of equal pay for men and women, died at 86. Continue reading