Are we seeing a trend? More judges aren’t falling for spurious COVID-19 religious accommodation claims. Earlier this week, I wrote about a judge calling out an employee for trying to cast a personal choice...
How do we help an employee who blurts obscenities and racial slurs to our customers uncontrollably? Recently, I read a recent federal appellate court decision involving an employee with a rare form of Tourette Syndrome that...
Can employers ban workers from wearing Black Lives Matter insignia to protest discrimination at work? Photo by Brett Sayles: https://www.pexels.com/photo/slogan-black-lives-matter-on-black-board-4665903/ Last week, the National Labor Relations Board decided that a NON-union employer cannot require...
An employee who wanted religious exception for the COVID-19 vaccine got called on it. Guess what happened next? I’ll bet nowhere on your HR job description is there anything about serving as the religion police. But during...
145,000 reasons not to tell an employee they have “old-timers disease.” Also, it is a bad idea to give that same employee a “retire-or-be-fired” ultimatum shortly after they return from...
There’s one state where bringing a sexual harassment claim is much easier than the rest In most places, a plaintiff who claims that their former employer sexually harassed them must establish that the conduct...
It’s 2024 and federal law still does not protect medical marijuana users from getting fired for testing positive. Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid...
This Employee Relations Department redeemed itself (sort of). Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee...
In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired. This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Oh, wait. Would you look at...
Here are four ways to BOTCH a sexual harassment investigation Last month, I told you that an employer’s response to a harassment complaint doesn’t need to be perfect. Just...
How do we help our employee who tells us she has early-onset Alzheimer’s disease? Hopefully, your business never has to address a situation where an employee is suffering from progressive memory loss and...
Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate. There are all sorts of anti-retaliation laws that protect employees. Many require that employees who invoke them prove that...
A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions Before discussing the jury verdict, I’ll tell you a little about how we got here. Let’s go back to...
Here are 105,000 reasons not to force an older worker to retire “When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not...
A court correctly dismissed claims of age discrimination, IMO. But, this employment lawyer still has a bone to pick. Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age...
Do as I say, not as I do? (You won’t believe how much the feds paid to settle allegations of “egregious and continual sexual harassment.”) Federal agencies, like the U.S. Department of Justice, often publish news releases touting their lawsuits and significant judgments against...
Will training white employees on “white fragility” and other concepts linked to racism create a hostile work environment? Probably not. Last week, I wrote (here) about a white college professor who successfully alleged that his employer subjected him to...
Training about racism can foster a hostile work environment. Wait, WHAT?!? Wait a minute, Eric! Weren’t you just telling us that anti-harassment training is part of the backbone of a...
An EEOC Commissioner takes issue with a billionaire’s position on Diversity, Equity and Inclusion Folks, I did not have EEOC Commissioner Andrea Lucas giving billionaire Mark Cuban a public antidiscrimination lesson on my...
EEOC launches new outreach effort to help underserved communities and vulnerable workers As part of its current Strategic Plan, the U.S. Equal Employment Opportunity Commission aims to raise awareness of employment...