Here are seven things that every employer should know.
Mike Haberman of the HR Observations blog was our gracious host for the October Halloween Employment Law Blog Carnival: Scary and Frightening edition. It's a trick-or-treat bag full of outstanding posts by the cream of the employment law and HR bloggers. If you miss it, it'll be a terror!
(Thanks very much to Mike for hosting, and thanks as always to our favorite "carnie," Eric Meyer of ...
When I do harassment training, I ask my audiences whether they think employers should ban the "N" word even when it's used by African-Americans among themselves. In my experience, the African-Americans in the audience have been the most vocal advocates for treating everyone equally in this regard. In other words, they argue, the word should be banned for everybody -- not banned for some ...
When it comes to Halloween in the workplace, just call me Scrooge.
A reader writes,
Hi, Robin. I dread the prospect of employees coming to work in inappropriate Halloween costumes. I've seen costumes that are sexually provocative, or that reflect racial or ethnic stereotypes. Some people even say that employers shouldn't have Halloween parties because some employees have religious ...
How much do you really know about employment medical examinations and the law? Let's find out!
1. Assuming the results are not used in a way that violates the law, it is legal under the Americans with Disabilities Act to require a post-offer medical examination IF
A. The examination is job-related and consistent with business necessity.
B. The examination is narrowly tailored to ...
(Please note: This week's "Friday" post is up a day early because our platform is getting a system upgrade beginning tomorrow and through the weekend. The blog will be available for viewing, but we will not be able to post anything new until Monday. So if you submit a comment after today and don't see it right away, please don't worry - we will have it up the first of next week. Thank you for your ...
How much do you really know about the Genetic Information Nondiscrimination Act? Here's a quick quiz:
Which of the following is an unlawful request for "genetic information"?
- "Our company requires a post-offer, pre-employment medical examination that includes a complete genotype. We will need to verify that you have all 46 chromosomes but no extras. And any mutations will ...
It was a dark and stormy night.
Creeeeeeeeaaaaaaaaaaak . . .
Eeeeeeeeeeeeeeeeeeeeeeeeeeeaughhhhhhhhhh . . .
In honor of Halloween, here are nine things employers say that strike terror in the hearts of their lawyers. CAUTION: Pregnant women, anyone with a heart condition or seizure disorder, and anyone who is easily upset should stop reading NOW!!!!
No one will be seated after the ...
The U.S. Court of Appeals for the Eleventh Circuit* has held that employers may use "sticks" to encourage participation in wellness programs as well as "carrots," if the wellness program is part of a group health or other benefit plan.
*The 11th Circuit hears appeals from federal courts in the states of Florida, Georgia, and Alabama.
Let me back up and explain the issue a bit.
**NERD ALERT ...
After a great holiday feast, isn't it fun just to eat the leftovers? Like a nice, cold roast beast sandwich with a wedge of leftover pie? Yum!
Here are some great labor and employment blog "leftovers" from the holidays that I hope you will enjoy as much as I did, followed by a few new year's resolutions for employers and employees. Please add to my list!
In case you were chillaxin' last week and ...
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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