The Employer Handbook Blog

Is it discrimination to favor a workplace shortie (shawtie?) over her male subordinates?

July 28, 2014 | by Eric B. Meyer

Because all the other blogs will say “paramour” or “lover” in the lede, and I need to remain relevant (or “down,” if you will) with my more trendy readers.

Over the weekend, I read this case in which a male plaintiff alleged discrimination because his supervisor was allegedly schtupping a female subordinate and treating her better.

(The court said “voluntary romantic affiliation,” but why say in three words, what you can say in one).

EEOC shows no goodwill to Goodwill Industries: $100K for retaliation

July 25, 2014 | by Eric B. Meyer

Thumbnail image for eeoclogo.png Just in case you thought that the United States Equal Employment Opportunity Commission uses a soft touch towards any business that may discriminate — let alone a charity.

Earlier this week, the EEOC announced here that Goodwill Industries will pay $100,000 to settle a long-standing retaliation lawsuit.

In its lawsuit, the EEOC charged that Goodwill retaliated against a worker by firing her after she testified on behalf of another Goodwill employee in a previous federal sex and age discrimination lawsuit.

#TBT The Employer Handbook seeks your feedback

July 24, 2014 | by Eric B. Meyer

Back when I was a young aspiring blogger — as opposed to the blog king I am now — I asked my audience (here) for some feedback to improve this jawn.

Well, you gave it, I improved it, and I’ve been turning down multi-million dollar offers to sell this piece ever since.

I won’t sell out — yes, I will — because I love you all and no one could handle The Employer Handbook with the grace and dignity it deserves.

Real and Spectacular! A true Seinfeld-ian claim of sexual harassment

July 23, 2014 | by Eric B. Meyer

//www.youtube.com/watch?v=-RvNS7JfcMM

Before law school was even on the radar for me, I knew that coitus on office furniture was a workplace no-no. And ignorance is not a defense.

But, maybe Seinfeld isn’t a thing in Indiana.

Requesting an accommodation means more than saying, “I’m disabled.”

July 22, 2014 | by Eric B. Meyer

My cold, black employment-law heart is numb to just about anything.

I remember this one time, early in my career, when I had to depose a teenage female plaintiff and ask her, with her mother present in the room, whether it offended her that her alleged male sexual harasser wanted to have a threesome with her and her mother.

Back then, it seemed salacious. Now, it’s like, whatever. Most of this stuff just rolls off of my shoulders.

Today, President Obama will sign an Executive Order banning LGBT discrimination

July 21, 2014 | by Eric B. Meyer

Thumbnail image for rainbowflag.jpg According to a Friday report from Cynthia L. Hackerott at Wolters Kluwer, President Obama will sign an Executive Order today banning discrimination against LGBT employees by federal contractors.

Last month, I blogged here that the White House had announced that it intended to eventually ban LGBT discrimination by federal contractors through Executive Order because the Employment Non-Discrimination Act (ENDA), did not make it through Congress.

Since that time, several gay-rights groups withdrew their support for ENDA, fearing that it afforded “religiously affiliated organizations … a blank check to engage in workplace discrimination against LGBT people.”

Can a NJ company legally shorten the statute of limitations on employment claims?

July 18, 2014 | by Eric B. Meyer

Let’s assume that you operate a business in New Jersey. And you get to thinking:

“What if we put a provision in our employment application, by which a job applicant waives the two-year statute of limitations applicable to most workplace claims and shortens the period for such claims to six months?”

Would that be enforceable?

Court: No need to accommodate employee who shows up drunk on Mike’s Hard Lemonade

July 17, 2014 | by Eric B. Meyer

Hey there, United States District Court for the Northern District of Illinois, Eastern Division.

This Americans with Disabilities Act failure-to-accomodate opinion right here. You had me at “Ortiz reported to work on April 5, 2010, carrying one empty and three full cans of ‘Mike’s Hard Lemonade’ (an alcoholic beverage), along with raw meat.”

I may borrow that line for my Hangover Part IV treatment. It stars Zach Galifianakis and the rest of the crew — cameos by Pee Wee Herman, Octomom, and Peter Dinklage (as Tyrion Lannister) — and centers around the hi-jinx that ensue after the boys get blackout drunk following Alan’s nephew’s bris.

Another PA court concludes that “fluctuating workweek” is dead in PA

July 16, 2014 | by Eric B. Meyer

It’s been a rough year for RadioShack. One that, for me, came out of nowhere.

That Super Bowl commercial was freaking brilliant! (Second only to this one).

So, of to a great start in February, I thought things were looking up for RadioShack. But, then they announced they were closing 1,100 stores and one analyst later cut RadioShack’s stock price target to $0. ZERO!

5 HR Essentials from the #EEOC’s New Pregnancy Discrimination Guidance

July 15, 2014 | by Eric B. Meyer

On the heels of yesterday’s astounding blogging success, “What LeBron’s return teaches employers about accommodating the Mark of the Beast” — Pulitzer, please — I was planning on coming at you today with “Five Workplace Lessons from Dutch Soccer’s Third Place in the World Cup.” It was going to have this cute Orange is the New Black theme, but then, the Twitterz spoke.

@EEOCNews just issued updated #Pregnancy Guidance. Check it out now: http://t.co/4L7HB9TV7a #EEOC

— EEOC.gov (@EEOCNews) July 14, 2014