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.
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers.
The following comes from each of the candidates' websites, supplemented by some news stories, with a ...
Labor Day marked the beginning of the "serious" election season. In 2012, I posted on dos and don'ts for employers, but many of my old recommendations aren't going to work in today's labor law climate. Here's an updated guide to help employers and their employees survive to November 8, and beyond, which I think will comply with the latest positions of the National Labor Relations ...
Now, this is bipartisanship! Both Hillary Clinton and Donald Trump agree . . . you should nominate Employment & Labor Insider for the 2016 ABA Blawg 100, sponsored by the American Bar Association.
And while you're at it, please nominate FOCUS, our women's leadership blog. (You can nominate more than one blog.)
You don't have to be a lawyer to vote. Just go to the page here and make your ...
We are non-partisan here at Employment & Labor Insider, but that doesn't mean we can't look forward to the Iowa Caucus. (DISCLAIMER: This Employment Law Blog Carnival is guaranteed obsolete in two weeks, if not sooner.)
Ring in the Old!
On February 1, Hawkeyes will gather at their precincts, hear inspiring speeches from the candidates' pitch men and women, and (if Republican) mark their ...
Grrrrrr.
This blog is non-partisan, but . . .
If you're following the 2016 presidential elections at all, you know that Hillary Clinton's political opponents are trying to attack her by making an issue of Bill's sexual misconduct. One of the things being said by some of Hillary's opponents is getting under my skin from an employment law standpoint.
It is said that Hillary isn't a ...
Well, it's that time of year again - what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments.
I'm thankful that I'm not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he's definitely down -- for the moment. He's ...
This is my "Labor Day" post. (hehe)
Yahoo's CEO Marissa Mayer announced this week that she is expecting twin girls, and Yahoo's stock reportedly took an immediate dive. (H8rs!) Mayer said that she plans to take only two weeks off, and she can probably manage that because she has a nice nursery right off her CEO office. (You may recall that she had it built at the same time that she outlawed ...
It’s that time of year! The American Bar Association is accepting nominations for the 2015 ABA Blawg 100. Here are seven reasons why you should vote for Employment & Labor Insider, if you are so inclined . . .
*Like Donald Trump, we tell it like it is, but we have better hair.
*Like Hillary Clinton, we use email, but all of our blog posts are stored on approved servers.
*Like Jeb Bush, we're ...
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.
5 Things Your Manager Doesn't Want You to Know. By the great Evil HR Lady, Suzanne Lucas. (Just to whet your appetite, the first is "I can't fire you.")
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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