It’s not that often that you come across a case where an employee alleges a hostile work environment based on religion. Sex? Sure. Race? Yep. But religion? Not so much.
Yet, when your employees are faced with the choice “My religion or my job,” it’s time to call the lawyers.
Cause, I mean, there’s proselytizing. And then there’s
How do I top yesterday’s FMLA cluster?
That’d be like asking a pitcher who just threw a no-hitter to get back out there and pitch another one. Well, gimmee a second to limber up, grab my rosin bag, and, Imma start dealing a few FMLA curveballs.
(See what I did there?) Continue reading
With four years of blogging under my belt, I have a pretty good sense of what may audience comes to expect from this labor and employment law blog:
For today’s post, I don’t have enough hats to tip to the many readers who emailed me about this hella-crazy FMLA retaliation complaint. Continue reading
When I think about retaliation, I think about that time I plastic-wrapped the judicial toilets after losing a motion to compel an employee who gets fired after complaining about discrimination to an HR Manager or the EEOC. These actions epitomize the “opposition” and the “participation” clauses of Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute.
By what about when an employee doesn’t go to HR, doesn’t complain to the EEOC, but, instead, simply tells a supervisor to stop sexually harassing her? If that employee is later fired, and she can establish that she was fired because she told her supervisor to stop, is that a winning retaliation claim? Continue reading
Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another.
One of those cases settled last week for $150K.
Yesterday, the other action survived the employer’s motion to dismiss the case. Continue reading
ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets.
Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons for Employers!” with me yesterday at the Disability Management Employer Coalition (DMEC) FMLA/ADAAA Employer Compliance Conference.
(If you want a copy of our PPT, please email me. I got you.)
I can’t blame you if last month’s decision from the National Labor Relations Board, left you asking the question: “Are there no limits to what employees can get away with on social media?” The Board decision, in case you missed it, reinstated an employee who went on Facebook and called his boss a “NASTY MOTHER F*&KER” and, then added, “F*&k his mother and his entire f*&king family!!!!”
So, yeah, I’ll admit it. The Board’s decision leaves me wondering how far an employee can go when discussing the terms and conditions of employment.
Still, I’m here to reaffirm that there are limits. Indeed, when an employee uses social media to discuss matters unrelated to the workplace, there’s probably no protection available.
Three highlights of my weekend:
More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, yesterday, the EEOC released its new proposed rules on wellness programs.
Although, based on the Paul Blart reviews, hemorrhoids too may be more eagerly anticipated. No strikethrough on the last sentence. Weird.
But, if you want to have an employee wellness program that complies with the Americans with Disabilities Act, here are five things the EEOC wants you to do… Continue reading
Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test.
[I’ll be here all week. Sorry.]
First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the FMLA. So, naturally, this builds up to a Thursday post about oral.
As I resist every urge to cheapen this further by resorting to silly puns and other double entendre, allow me to set the stage for you: Continue reading
The Employer Handbook Blog