It’s not always the employee’s fault when things go bad for an employer. Sometimes the employer has no one to blame but itself. Here are six of the most common ways employers sink their own ships....more
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more
Two court decisions came out last week that ought to scare the heck out of employers.
Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases because...more
I’m going to have to make this a regular series.
A few weeks ago, I posted about an “Ask Amy” column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one, but...more
Happy Mother’s Day weekend to all of you who are, or who have, mothers.
(I think that covers everybody.)
I couldn’t think of a better way to start this weekend than with a quiz on pregnancy discrimination, lactation...more
(DEAR READERS: I know that using “Bermuda Triangle” to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation is corny, trite, stale, and overdone. But I’m...more
How much can you do – and not do – about your employees’ personal appearance and grooming? Take this quiz and find out! As usual, I’ll have the answers at the end, so if you get one wrong, no one but you will know....more
Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week.
I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more
Onionhead is this incredibly pure, wise and adorable character who teaches us how to name it – claim it – tame it – aim it. He wants everyone to know how they feel and then know what to do with those feelings. He helps us...more
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great.
Small businesses, which may be just below...more
No more pencils, no more books, no more teacher’s dirty looks . . . except for one little quiz on employment law issues that come up during the summer.
Don’t worry about your score – I’m told that Teacher already has her...more
In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members.
USERRA -
The Uniformed Services Employment and Reemployment...more
A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer.
The Sheriff’s Department of Ulster...more
If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all?
In what I consider to be a very significant...more
The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more
12/23/2015
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Job Applicants ,
NLRB ,
OSHA ,
Over-Time ,
Paternity ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
Sanctions ,
SCOTUS ,
Summary Judgment ,
Wellness Programs
Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California.
Actually, I got one email from a reader, who had a better take on the...more
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more
10/30/2015
/ Americans with Disabilities Act (ADA) ,
Background Checks ,
Conciliation ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
Immigrants ,
LGBTQ ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Sex Discrimination
Law360 reported this morning that Peggy Young and United Parcel Service have settled their pregnancy discrimination/accommodation case that went to the Supreme Court, resulting in this decision from last March. The Supreme...more
The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more
9/30/2015
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Medical Leave ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Screening Procedures ,
Young v United Parcel Service
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony?
That is obviously a biased question, but some employers will do almost anything to avoid firing...more
9/11/2015
/ Barack Obama ,
Best Practices ,
Constructive Discharge ,
Executive Orders ,
Federal Contractors ,
Hiring & Firing ,
Human Resources Professionals ,
IBM ,
Intentional Infliction of Emotional Distress ,
Reasonable Accommodation ,
Sick Leave ,
Statute of Limitations ,
Termination ,
Transparency
Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay...more
After the initial NYT story ran, saying the workplace at Amazon is cutthroat — still uses “forced rankings” and even encourages employees to secretly bad-mouth each other to their bosses, has employees who break down in tears...more
When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more
It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more
Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The...more