Should the employer force the issue?
You Human Resources professionals are familiar with this scenario.
You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more
I have written many, many, many, many times about the transgender funeral director who was terminated from her job after she told the owner that she would begin presenting as a female.
The Equal Employment Opportunity...more
Not a word about this week's goings on. I promise!
I was having a hard time coming up with a blog topic this week that didn't involve the never-ending election of 2020. (I propose that voting in 2024 be done via...more
In light of his Supreme Court win in June.
The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more
8/28/2020
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
An easy-to-read guide that works for all employees using legal meds.*
The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their...more
A resume liar, or a candidate who gives you the hard truth?
Let's say you have a great candidate for your vacant position of Director of Widgetary Management. Work experience is on point, excellent presentation in the...more
. . . and an alternate universe without it.
It seems like only five years ago that the Americans with Disabilities Act was celebrating its 25th anniversary. But here we are, five years later, and the ADA is having its 30th...more
Should Rebekah Jones' arrest record be an issue?
The administration of Florida Gov. Ron DeSantis (R) recently fired Rebekah Jones, who was either the genius behind, or the data-input clerk for, the state's coronavirus...more
(Still 100 percent guaranteed non-partisan.)
The Democrats' debate this week in Charleston, South Carolina, brought to light two workplace pregnancy horror stories, neither of which may have actually happened. But they...more
Welcome to the future.
With the dramatic changes in acceptance of medical and even recreational marijuana, employers need to take a fresh look at the way they maintain drug-free workplaces. Here are some tips for surviving...more
Did I do that?
Happy new year, everybody!
Greg Giangrande of the New York Post's @Work column answered a letter this week from a guy whose behavior at his workplace holiday party was "a blur."
That can't be good....more
2019 ends with a bang.
Even apart from that big political event that begins with the "I" word, and those two major holidays that are imminent, there have been some very weird employment-related news items this week. Have you...more
Employers make their own luck.
When it comes to terminations of employment, are you lucky or unlucky? Take our quiz and find out! As always, the answers appear after each question, so you can cheat all you want, and we'll...more
HR people, you know what I'm talking about.
Sharks, vampires, tornadoes, heights, and evil clowns are scary. But sometimes the scariest thing to a management-side lawyer is what employers themselves say. Here are 10 things...more
Or almost everything.
Employers, has this ever happened to you?
You have a lousy employee, whom we'll call "Igor." You've been meaning to do something about Igor for a while but just haven't gotten around to it....more
And you thought you had problems!
A medical clinic in the St. Louis area had two employees (among others, I presume). "Rose" was African-American. "Daisy" (race unknown) had a disability. ...more
Through the miracle of virtual reality.
Do you feel awkward when you have to fire an employee? Guilty? Nervous? Gleeful, you sick person?...more
It's easier to lose your job if your replacement is a robot.
In an interesting bit of industrial psychology, a study led by the Technical University of Munich (Germany) found that most people (60 percent) would find it...more
No legal authority to issue its Enforcement Guidance!
In February 2018, I wrote about a federal court decision that enjoined (prohibited) the Equal Employment Opportunity Commission from taking any action to enforce its 2012...more
A tough situation. Could it have been handled better?
The Pennsylvania Department of Insurance will be going to trial in a retaliation case involving reference information it provided for a former employee....more
How can I sue thee? Let me count the ways.
Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were-
Discrimination (not only unlawful discrimination, but...more
7/26/2019
/ Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Harassment ,
Hiring & Firing ,
Marijuana ,
Medical Leave ,
Reasonable Accommodation ,
Termination ,
Wage and Hour
Happy holiday weekend!
With the Fourth of July approaching, we will go out with a bang.
How much do you know about employment law in the news from this week or so? Take our quiz and find out! As always, the answers appear...more
The U.S. Court of Appeals for the Seventh Circuit ruled this week that severe obesity is not a "disability" within the meaning of the Americans with Disabilities Act unless it is caused by a physiological disorder....more
Eww.
In Canada, sex addiction is apparently not a disability. (Whether it is under the Americans with Disabilities Act remains to be seen, but I don't think so.)
A labor arbitrator has upheld the termination of an employee...more
Not sure I'm buying it.
Two out of three judges on a panel from my own U.S. Court of Appeals for the Fourth Circuit recently affirmed a jury verdict in favor of a woman who claimed that she was terminated because of her age....more