Articles Posted in Hiring & Firing

Can employers legally favor transgender employees over cisgender employees?

April 9, 2024 | by Eric B. Meyer

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The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964, the federal workplace law that outlaws gender discrimination. But, according to a Pennsylvania federal judge, “that does not preclude the possibility that discrimination against both a cisgender male and cisgender female may be independent Title VII violations.”

I’ll explain why. Continue reading

Some complaints of sexual harassment aren’t protected at all

April 2, 2024 | by Eric B. Meyer

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Suppose an employee gets fired after complaining about sexual harassment at work. If that person later claims retaliation, they will have to establish a nexus between the two events, and the complaint also arises to the level of what we call a “protected activity.” Continue reading

Employers must adjust employee performance standards to avoid penalizing employees on FMLA leave

March 14, 2024 | by Eric B. Meyer

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Suppose one of your employees, a widget maker, takes leave under the Family and Medical Leave Act. Continue reading

Are we seeing a trend? More judges aren’t falling for spurious COVID-19 religious accommodation claims.

February 28, 2024 | by Eric B. Meyer

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Earlier this week, I wrote about a judge calling out an employee for trying to cast a personal choice to remain unvaccinated against COVID-19 as some deeply religious decision.

Last night, I read another recent opinion from a federal judge who called an employee trying to avoid a mandatory vaccination requirement at his new job on his religious 🐂💩. Continue reading

This Employee Relations Department redeemed itself (sort of).

February 16, 2024 | by Eric B. Meyer

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Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee Relations Department that caught the attention of the EEOC for its alleged poor handling of an employee’s complaints of sexual harassment.

But I appreciate a good comeback story, don’t you? And I’ve got one for you today. Continue reading

In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.

February 15, 2024 | by Eric B. Meyer

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This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Continue reading

Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate.

February 12, 2024 | by Eric B. Meyer

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There are all sorts of anti-retaliation laws that protect employees. Many require that employees who invoke them prove that the employer acted with retaliatory intent.

But not all of them.

A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions

February 9, 2024 | by Eric B. Meyer

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Before discussing the jury verdict, I’ll tell you a little about how we got here.
Continue reading

Here are 105,000 reasons not to force an older worker to retire

February 8, 2024 | by Eric B. Meyer

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“When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not retiring?” Continue reading

A court correctly dismissed claims of age discrimination, IMO. But, this employment lawyer still has a bone to pick.

February 7, 2024 | by Eric B. Meyer

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Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his employment.

Spoiler alert: it didn’t.

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