The Employer Handbook Blog

Take me to church — to reasonably accommodate my disability

June 11, 2015 | by Eric B. Meyer

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Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps to lower both the stress and anxiety and significantly reduce her reliance upon prescription medication.

But, you’ve scheduled this employee to work a Sunday through Thursday schedule. Still, she comes to you and asks for all Sundays off to attend church as an accommodation for her anxiety and stress, which are probably disabilities under the Americans with Disabilities Act.

Question: Do you have to allow her to go to church? Continue reading

Company ordered to re-hire an employee after his “racist, offensive, and reprehensible” speech.

June 10, 2015 | by Eric B. Meyer

An employee was caught on video saying to black employees, “Hey, did you bring enough KFC for everyone?” and “Hey, anybody smell that? I smell fried chicken and watermelon.” The company had a strict anti-harassment policy. So, after learning about the comments, the company fired the employee.

So, what would compel an Administrative Law Judge to require that the company reinstate him? Continue reading

Your employee has a fragrance allergy. What does the ADA require you to do?

June 9, 2015 | by Eric B. Meyer

This can be a really difficult situation. Just ask a local Pennsylvania employer. Continue reading

Coming this Summer, FLSA independent-contractor guidance from the DOL

June 8, 2015 | by Eric B. Meyer

In March 2014, President Obama announced (here) that he would seek to revamp the Fair Labor Standards Act as it applies to overtime, “particularly for executive, administrative, and professional employees (often referred to as ‘white collar’ exemptions).” You can also read my post about the President’s announcement here.

And yet, here we are over a year later and the Department of Labor has yet to issue proposed regulations for public comment — let along the final updated regs. Continue reading

D’s and R’s (some of ’em, at least) agree: It’s time for a federal pregnancy-accommodation law

June 5, 2015 | by Eric B. Meyer

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Yesterday, on the heels of the Supreme Court’s decision in Young v. UPS, Senator Bob Casey (D-PA), brought the Pregnant Workers Fairness Act back to the Senate. The Act, which is modeled after the Americans with Disabilities Act, makes it an unlawful employment practice for employers to: Continue reading

New Senate bill would abolish non-competes for low-wage workers

June 4, 2015 | by Eric B. Meyer

Jimmy John’s aside, is that really a thing? The use of non-compete agreements for employees making less than $15 an hour? Continue reading

From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers

June 3, 2015 | by Eric B. Meyer

Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog Hunks,” the one you all read for the articles.

(Actually, I will be on Knowledge@Wharton’s daily show on SiriusXM channel 111 – Business Radio Powered by The Wharton School today from 10-12 EDT, as a follow-up to yesterday’s post, discussing Monday’s Supreme Court decision in EEOC v. Abercrombie & Fitch Stores, Inc.)

Now, before my ego explodes like a baseball off of Giancarlo Stanton’s bat, let’s revisit the issue of transgender employees and restroom access. Continue reading

As the Supreme Court toughens religious-accommodation rules, 5 ways employers can avoid trouble.

June 2, 2015 | by Eric B. Meyer

Yesterday, the United States Supreme Court, in an 8-1 decision, ruled that an employer that does not know that a job applicant may need a religious accommodation can discriminate against that job applicant. All that matters are the employer’s motivations.

Allow me to explain. Continue reading

This employer had a “no pregnancy in the workplace” policy. No, really. It did.

June 1, 2015 | by Eric B. Meyer

Holy crap. Literally.

A Texas church is now about $75,000 lighter in the wallet after a federal judge determined that having and enforcing a “no pregnancy in the workplace policy,” which prohibited the continued employment of any employee who became pregnant, violates Title VII of the Civil Rights Act of 1964. That’s the law that prohibits discrimination based on pregnancy. Yeah, it says it right there.

Here’s more on the decision from the EEOC’s press release.