Posts tagged Donald Sterling.

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.

QUESTION 1: If I operate in a jurisdiction that doesn't have a law against appearance discrimination, I can make any rules about appearance and grooming that I want. 

TRUE

FALSE

QUESTION 2: My employees are required by OSHA to wear masks on the job. The masks are no good unless there is a proper seal around the employee's mouth and nose. Since facial hair prevents a good seal from forming, we have a no-beard policy. I have one employee who is Sikh and wears a beard for religious reasons. What should I do?

A. Let him keep his beard and pray that the mask will work without the proper seal.

B. Tell him he has to shave the beard off or lose his job.

C. Meet with him and explain that the mask is required by OSHA and the safety rationale for the rule. Talk with him about reasonable accommodations, which might include use of a different type of mask that works with a beard, or transfer to another position that doesn't require use of a mask. After you've talked and perhaps consulted with vendors or safety experts, make a determination of what to do that won't violate the law or endanger his safety while accommodating his beliefs as much as you can.

Employers and employees, take this Friday pop quiz on off-duty conduct!

First, if you have not already done so, listen to these audio recordings of Donald Sterling, owner of the LA Clippers (for now), arguing with his girlfriend "archivist" V. Stiviano.

Protests this week in Los Angeles against Donald Sterling.

Then take Part 1 of our quiz:

Do you agree with the decision to ban Donald ...

It's a well-known fact that good-looking people have a better chance of being hired and promoted, and make more money, than less good-looking people. At least, as long as you're not too hot. Generally, there isn't much you can do about it if your opportunities are limited by male pattern baldness, that extra 25 pounds you've been meaning to lose, your acne scars from high school, or your ...

The Wall Steet Journal has a feature on "Five of the Costliest Tweets Ever." (Subscription required, but I'll tell you all you need to know below.) This morning, Jon Hyman of Ohio Employer's Law Blog tweeted a link to a great flow chart from HR Bartender entitled "Should I Send This Email." Both are worth reading.

Number 1 of the "Five Costliest Tweets" was, of course, our old friend, former ...

OK, I admit it. This was not a "frequently asked question" until recently, after the New York Times ran a piece by a University of Texas economist who argued that the anti-discrimination laws should protect ugly people.

Since that time, this ridiculous highly creative suggestion has been blogged and tweeted about everywhere, so I would say that it now qualifies as a true "FAQ." In any ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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