The Employer Handbook Blog

A scary NLRB decision threatening the integrity of workplace investigations

August 1, 2012 | by Eric B. Meyer

HR heads are still spinning as they try to digest what the National Labor Relations Board has tried to accomplish this year.

The Acting General Counsel has issued confusing reports on social media. The Board has also attempted to create quickie union elections, and require companies to abide by a union-poster rule. Why, just a few weeks ago, the Board ruled that an “at will” provision in an employee handbook may violate the National Labor Relations Act. That one is still a head-scratcher for me.

But the National Labor Relations Board has really stepped in it again, dealing another crushing blow to HR. I think you’ll agree with me when you read on after the jump…

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“An employee walks into a hospital wearing a Jesus lanyard…”

July 31, 2012 | by Eric B. Meyer

They can’t all begin with a priest, minister and a rabbi walking into a bar. Then again, it’s “Religious Accommodation Tuesday” here at The Employer Handbook. So, after the jump, we’ll discuss the test to determine whether an employee may lawfully don religious items at work and find out whether the hospital worker in this case has a potential religious discrimination claim (Hint: he does).

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HR Manager emails bolster employee’s ADEA and FMLA claims

July 30, 2012 | by Eric B. Meyer

Documentation is good; smoking-gun emails from the HR Manager not so much.

After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims.

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Big changes coming to the Mine Safety and Health Act?

July 27, 2012 | by Eric B. Meyer

Yesterday, Sen. Jay Rockefeller (D-W.Va.) reintroduced, for a third time, the “Robert C. Byrd Mine and Workplace Safety and Health Act,” which would amend the Mine Safety and Health Act.

What does this bill say (CliffsNotes version)? And what are the chances of passage? Find out after the jump…

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Egyptian-born FBI agent + post-9/11 transfer = discrimination claim

July 26, 2012 | by Eric B. Meyer

I am an F….B…..I…. Agent!

And if anyone wants to get me this iPad case for Christmas…

Wait, what was I supposed to be writing about? Oh yeah, national-origin discrimination. I’ll get it together for you after the jump…

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Fact or Fiction: The ADA requires creating a new job for a disabled employee

July 25, 2012 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Under the Americans with Disabilities Act, an employer is required to provide a reasonable accommodation, if doing so will allow a disabled employee to perform the essential functions of his job. Could this mean having to create a brand new position for a disabled employee?

Nope. A federal appellate court underscored this last week (opinion here) when if affirmed a lower-court decision to dismiss a plaintiff’s claims under the ADA that his former employer had failed to accommodate his disability:

Recipient of nasty racial slurs from an office friend loses bias claim

July 24, 2012 | by Eric B. Meyer

What if I told you that a female black employee was called “monkey” and “nappy head Raggedy Ann” at work?

What if I then told you that the employee subsequently sued in New Jersey state court; quite possibly the most plaintiff-friendly jurisdiction in the U.S. — next to California?

And guess what? She lost. Oh my!

What the heck happened and what can employers learn from this recent decision? Find out after the jump…

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The EEOC’s subpoena power is crazazy broad. Wooo!!!

July 23, 2012 | by Eric B. Meyer

On behalf of an illiterate man, the United States Equal Employment Opportunity Commission (EEOC) investigated a Charge of Discrimination against a MD employer, which allegedly had a literacy policy that violated the Americans with Disabilities Act (by discriminating against qualified individuals with learning disabilities). As part of its investigation, the EEOC served an extremely broad subpoena on the employer. The employer fought the subpoena hard. Ultimately; however, it learned that the EEOC has the power.

You’ll learn too (and figure out why this post has a picture of Ric Flair)…after the jump…

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Booby trapped! No break time for nursing employee; no lawsuit either.

July 20, 2012 | by Eric B. Meyer

HEY! Which one of you just threw that breast pump at my head?

[annnnnnnd cue music]

** Dons sensitivity invisibility cloak **

It’s the July Edition of the Employment Law Blog Carnival!

July 19, 2012 | by Eric B. Meyer

The July edition of the Employment Law Blog Carnival is now up and running. You can view it here. Thank you to all who contributed. And a special thank you to Heather Bussing and HRExaminer.com for hosting.

If you would like to participate in future carnivals, email me and I will add you to the distribution list. Participants must be bloggers (so we can link to your blog) and Carnival posts must be HR/employment-law-related. And you must like dill pickles.

Dill, damnit!