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The Employer Handbook Blog
Join us on 11/10/23 at Noon ET for The Employer Handbook Zoom Happy Hour: Antisemitism and the Workplace
Antisemitism is nothing new.
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An employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!?
The U.S. Army employed a “septuagenarian civilian doctor.”
Well, at least it used to. Continue reading
“Oh, they paid you less than market value? Yes, we love your novel equal pay legal theory. Tell us more!”
If only a federal appellate court had reacted that way when a female plaintiff claimed an equal pay violation because she and other females were paid less than the “local industry standard.” But, the Fourth Circuit Court of Appeals wasn’t buying the ‘back-of-the-envelope math’ the plaintiff was selling.
Allow me to explain. Continue reading
REMINDER: Employers can start filing their 2022 EEO-1 Reports
Just as I had finished raiding my kids’ hauls for all the Butterfingers and 100 Grands, it was at that moment that I remembered that the sweetest part of Halloween, the real HR nerd candy, was that the U.S. Equal Employment Opportunity Commission had announced the opening of 2022 EEO-1 Component 1 Data Collection.
Then, I grabbed a few mini boxes of Nerds too. Continue reading
What are there legal risks of making a worker participate in an Employee Assistance Program?
Suppose that several employees complain that a coworker is creating a “hostile work environment” because they were afraid that she (the coworker) was going to report them (the employees) for engaging in unspecified misconduct in the workplace.
Can the employer respond by mandating an Employee Assistance Program (EAP) referral as a condition of the coworker’s continued employment?
There’s a new joint-employer rule. Wait, another one?!? Yes, this one involves employers and labor unions.
Yesterday, the National Labor Relations Board swung the pendulum even further in favor of unions when it issued its Final Rule on joint employment. Continue reading
Complaints of discrimination can come in all shapes and sizes
A tenured professor in a university’s history department learns of “discrimination” and “marginalization” of Hispanic employees within the department. The university appoints him to an “Equity Committee” to address the problem. As part of his remediation efforts, the professor creates a “salary report” confirming instances of pay disparity among minority professors. He then circulates the report to colleagues and supervisors.
Will the professor have a viable retaliation claim if the university later takes against the professor because of the salary report?
