The Employer Handbook Blog

9 simple steps to drafting a bangin’ EEOC Position Statement

February 19, 2016 | by Eric B. Meyer

If you’ve ever had to address a Charging Party’s EEOC Charge of Discrimination, you know that drafting a good Position Statement, in which the specific claims of discrimination are addressed and supported with documents and facts is hella-key.

This especially holds true now that the EEOC has announced new nationwide procedures that provide for the release of a company’s Position Statement and non-confidential attachments to a Charging Party or representative upon request during the investigation of a charge of discrimination.

So, how do you draft a Position Statement that makes the EEOC like, and the Charging Party like?

Employment Law Blog Carnival (#ELBC) Freaky February Holiday Edition

February 18, 2016 | by Eric B. Meyer

Are you sitting down?

Good. Because, today, I’m sending you to an employee-rights lawyer.

A message from Stevie Wonder on providing accommodations to individuals with disabilities

February 17, 2016 | by Eric B. Meyer

Watch this video of Stevie Wonder at the Grammy’s. Ignore the tragic wardrobe selection. Instead, listen to the message about increasing accessibility to people with disabilities, and make sure that it carries over into your workplace. Remember it before… Continue reading

That’s What They Said: “Justice Scalia’s impact on HR and employment law”

February 16, 2016 | by Eric B. Meyer

I really need to create a new meme. Continue reading

New EEOC statistics highlight the importance of disability accommodations at work

February 12, 2016 | by Eric B. Meyer

Yesterday, the EEOC released its FY2015 Enforcement and Litigation Data. Consistent with prior years, claims of retaliation continue to dominate (44.5% of all claims filed with the EEOC). Race is second (34.7%). But, it’s disability discrimination — up a whopping 6% from 2014 — that should have your attention.

Over 100 members of Congress want the DOL to deep six the proposed overtime-rule changes

February 11, 2016 | by Eric B. Meyer

On February 9, over 100 members of Congress signed this letter to Secretary of Labor Thomas E. Perez to voice their opposition to the new proposed overtime rules, which could go into effect in July. I only have an electronic version of the letter. But, it looks like it was signed in high-quality ink, and printed on really nice bonded letterhead. Except, you know that “not worth the paper it’s printed on” expression…

Boy sexts girl. Girl sexts boy. Nope, no sexual harassment here.

February 10, 2016 | by Eric B. Meyer

It’s the age old tale.

Like a couple of sexting rabbits, a female employee and her male supervisor carrying on like, well, a pair of sexting rabbits. And, then, after the defendant-company fires the plaintiff-employee, she sues and claims that she was subjected to quid pro quo sexual harassment.

So, could it have gotten to the point that unwelcomed sexting became a required term or condition of the plaintiff’s employment?

FMLA and Migraines and Facebook and other things that will make you want to click

February 9, 2016 | by Eric B. Meyer

What happens when a registered nurse, who takes intermittent FMLA leave for her migraine headaches, has a such a bad one that it causes her to fall asleep at work? Can the company fire her? Will that violate the FMLA? Who wins this head-on collision?

Will Eric stop asking questions, and just answer them already?

What can you do about employees missing work today with a Super Bowl hangover?

February 8, 2016 | by Eric B. Meyer

Panthers. Broncos. Meh.

Doritos won the Super Bowl, amirite?

But, for the 10% of your workforce that may be missing work today, you’ll have to wait until tomorrow to get their opinions on the Super Bowl commercials. Many of those employees told you in advance that today would be a day off. But, what will you do about the others who don’t show up for work?

Ok, it’s my turn. Can you forbid an employee from job hunting while on FMLA leave?

February 5, 2016 | by Eric B. Meyer

On Monday, one of my favorite HR bloggers, Suzanne Lucas a/k/a The Evil HR Lady, addressed (here) a reader question about whether a company can legally prohibit an employee from seeking other employment while on leave covered under the Family and Medical Leave Act.

As part of her post, Her Evilness asked for others to weigh in on the subject. ABA Journal Blawg 100 Hall of Famer, Jon Hyman, answered the call on his blog post yesterday. Jon concluded that the legal answer depends upon the scope of the policy.