You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Eric B. Meyer, Esq. gets companies HR-compliant before the action sequence. Serving clients nationwide, Eric is a Partner at FisherBroyles, LLP, which is the largest full-service, cloud-based law firm in the world, with approximately 210 attorneys in 21 offices nationwide. Eric is also a volunteer EEOC mediator, a paid private mediator, and publisher of The Employer Handbook (www.TheEmployerHandbook.com), which is pretty much the best employment law blog ever. That, and he's been quoted in the British tabloids. #Bucketlist.
Remember that time when one your high-level managers walked into Human Resources. And that remorseful high-level manager voluntarily confessed to sexually harassing a subordinate — before the subordinate had even registered a complaint — with an apology so genuine and sincere that you got a little choked up.
Yeah, me neither.
For those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?
I imagine that, among the reasons that victims fear complaining about sexual harassment, is that spotlight may shine a little too brightly on them.
Suppose that your former employee files a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. After an investigation, the EEOC concludes that there is probable cause that your company violated one or more of the federal anti-discrimination laws that the agency is tasked with enforcing.
Ah yes. We’re going to attempt to put the “human” in HR today.
**clutches icy-cold lawyer heart**
Don’t have one? Good. You can skip today’s post.
As for the rest of you, say a silent prayer to whatever higher power you believe in, email me a thank you, and read on…
Nearly four years ago, I blogged here about a complaint that the U.S. Equal Employment Opportunity Commission had filed against a West Virginia coal company. The lawsuit alleged that the employer failed to accommodate an employee who requested not to use a biometric hand scanner to track time and attendance.
The Beatles lyric is also the opening line from a recent state court opinion about hiring (or not hiring as the case may be) someone who uses medical marijuana. More on that in a bit.
Hiring and Medical Marijuana
You say overtime; I say comp time.
But, will the EEOC’s bark be louder than its bite?
I’ll discuss service animals and Americans with Disabilities Act accommodations after the jump…
Protected concerted activity is powerful stuff
Like it or not, to a person, we can agree that the rulings flowing from the National Labor Relations Board over the past several years have been largely employee-friendly.
A reader emailed me yesterday.
“Hey Eric, Clients are wondering about value of settlement NDAs after ex-Fox News HWE victims go public despite contracts. Your reaction?”
Wait! You mean employees actually violate confidentiality provisions?
I know, right?
The slow death of the 9-5 workday, together with the arrival of the new FLSA overtime rules, which do into effect on December 1, could create one of the bigger wage-and-hour pitfalls for employers in 2017 and beyond.
Last summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act.
Don’t worry. Eric’s here. And, I’ve got Scooby Snacks.
Actually, I’ve got FMLA knowledge, which is better than Scooby Snacks. And, besides, I ate all of the Scooby Snacks. Sorry, I was hungry.
An employee at a small company is supposedly offered FMLA.
