If It’s Memorial Day, This Must Be Halloween

This post involves a case of egregious sexual harassment — in a funeral home.

It is of interest simply because the venue of the behavior seems so macabre.

This guy is (allegedly) a walking harassment monster.

According to the EEOC, the owner/manager of a Ft. Lauderdale funeral home “subjected female employees to constant egregious sexual harassment, creating a work environment permeated with sexual […]

Plaintiffs Are Getting Wise To Pretextual Unachievable “Growth Plans”

Employment lawyers are familiar with cases of employers who, to “paper the record” or to create a “paper trail,” create tests for targeted employees or set performance goals that are impossible to reach so that the targeted employees are destined to fail any such test of performance.

In effect, they are intentionally made to fail – […]

What, A Wheelchair? Do Not Hire Him

I often wonder what sort of anti-discrimination training senior management folks receive when they so blatantly act in contravention of the law.   And what fuels such fears and myths about people with disabilities.

The latest case filed by the EEOC is a good example of such fears and behavior, which, in this case, run afoul of […]

From The Sexual Harassment Frontlines: Jumper Cabling and Rat Tailing

A number of sexual harassment cases have crossed my desk recently, each with a story to tell and a takeaway to, well, take away.

“Follow The Leader”

I have always advised that, along with proper training, a top-down culture of zero tolerance is important.  It is a significant key to keeping the workplace free from sexual harassment.

This EEOC case […]

New Overtime Regs: How To Avoid Increased Labor Costs

By: Jessica Brown Wilson

In a stunning development sure to frighten employers, federal overtime regulations were overhauled this week.   The result: starting December 1, 2016, to be exempt from overtime, employees must earn at least $47,476 per year.

That’s right.  All employees currently classified as “exempt” (i.e., not entitled to overtime), and paid a salary between $23,660 and $47,475, […]

Another Advertising Agency Courting the EEOC: Have They Ever Heard of Retaliation?

By: Amy Epstein Gluck

What is with the advertising agency industry lately?

I wrote here about JWT’s problems after employees sued it and its CEO for sexual harassment.

Now, the Wall Street Journal just reported that a former RAPP executive, U.S. President Gregg Anderson, filed a lawsuit against the marketing agency for “wrongful termination” after he complained about […]

New EEOC Resource On The ADA And Leave Policies

This is something to get excited about!

The EEOC has just issued a very significant “resource document” for both employers and employees concerning leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”).  The document is:  Employer-Provided Leave and the Americans with Disabilities Act.

No new policy had been created, but the intent of the […]

Oh No — The Parrot Was A Macaw! And He was Just A Hypothetical!

A big thanks to Samuel Dillard, an attorney in Columbus, Ohio, who, after I was unable to provide him the cite of the cursing parrot case – but swore (I mean, believed) that I took it from a real case – did some sleuthing and found, much to my disappointment, that the parrot was really a […]

I’m A F….ing Idiot To Let A Pregnant Girl Work Behind The Bar

Myth, fears and outdated paternalistic notions about pregnancy still top the charts for scrutiny by the EEOC.

I have often cited the EEOC’s six national priorities set forth in its Strategic Enforcement Plan (“SEP”).   One such priority is “to address emerging and developing issues … including issues involving the ADA and pregnancy-related limitations.”

In this regard, I have […]

The Smell Of Freshly-Terminated Staff Hung In The Office Air

Is bullying the same as sexual harassment?  Is sexual harassment a form of bullying?  Or vice versa?

Is there a difference?

It does not occur often that the actions of a single man can illustrate several legal issues. But a Canadian employer (a Mr. McConnell) illustrates non-actionable bullying (at least in the US), as well as sexual […]