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June 7, 2023
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Category: Employer Handbook

Published by Philadelphia, Pennsylvania Employment Lawyer — Eric B. Meyer

He got fired after threatening to complain to HR. Could that be retaliation?

The plaintiff in this federal court decision I read last night didn’t exactly come off as a model employee....
Bloggers, Employer Handbook

She said the quiet part loud and the loud part, well, not at all.

The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from...
Bloggers, Employer Handbook

A day late and an age discrimination claim short

A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to...
Bloggers, Employer Handbook

How do you track FMLA when an employee takes leave during the week of Memorial Day?

If you’ve got an HR-compliance sweet tooth, here is your FMLA nerd candy. Your favorite employment law, the Family...
Bloggers, Employer Handbook

The Labor Board’s top attorney wants to void non-competes that violate labor law. Hot take: meh.

Yesterday, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memo claiming that the “proffer, maintenance, and enforcement...
Bloggers, Employer Handbook

At work, do we have to accommodate employees with religions we’ve never heard of?

Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees based on religion. As the...
Bloggers, Employer Handbook

Was she requesting Family and Medical Leave Act leave or pitching a television show?!?

This will all make sense in a minute if you keep reading. The plaintiff is dealt a tough hand....
Bloggers, Employer Handbook

Is it sexual harassment to IMPLY that certain job benefits will require sexual favors?

Have you ever heard of quid pro quo sexual harassment? The U.S. Equal Employment Opportunity Commission says it occurs where...
Bloggers, Employer Handbook

Would you stop emailing and texting? Just pick up the damn phone for once instead!

If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this...
Bloggers, Employer Handbook

Here’s how the feds will enforce pump at work protections for nursing workers

For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time...
Bloggers, Employer Handbook

A new resource from the EEOC could help employers avoid bias claims from using AI

Yesterday, the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and...
Bloggers, Employer Handbook

What to do if you face antisemitism at work

Yesterday, the EEOC released a new fact sheet on “What To Do If You Face Antisemitism at Work,” which,...
Bloggers, Employer Handbook

A Californian got fired for an ALL LIVES MATTER tweet and claimed … RELIGIOUS discrimination?!?

I’ll explain why a federal court determined the complaint of a sports radio talk show host failed to state...
Bloggers, Employer Handbook

The public health emergency is over. So why is the EEOC issuing new COVID-19 guidance to employers?

On May 11, 2023, the federal Public Health Emergency for COVID-19 ended. However, the U.S. Equal Employment Opportunity Commission...
Bloggers, Employer Handbook

What happens when everyone in the same position is over 60 and gets fired?

Is it age bias? Or just business? In a decision I read last night, the plaintiff spent more than...
Bloggers, Employer Handbook

Slight and annoyances at work generally aren’t tantamount to discrimination and retaliation

Having done this now for over two decades, I understand how employers can often make employees feel underappreciated and...
Bloggers, Employer Handbook

Bad EEOC position statements can come back to haunt you. Just ask this employer.

There will come a time in your HR or employment law career when you must respond to a Charge...
Bloggers, Employer Handbook

EEOC: HR Manager used code words and other directives to staffing agencies to discriminate.

A few weeks ago, I blogged here about how a federal appellate court concluded that firing someone who isn’t...
Bloggers, Employer Handbook

There’s a new FMLA Poster

After Sunday’s Philadelphia 76ers’ win over the Boston Celtics in Game 4 of the NBA playoffs, I didn’t think...
Bloggers, Employer Handbook

Don’t let subjectivity, stereotypes, or statistics create age bias issues for your next RIF

Reductions in force are bad enough. Don’t let decision-makers mishandle them and create litigation risks. The plaintiff in this...
Bloggers, Employer Handbook
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