Eric B. Meyer

Eric B. Meyer is a partner in the Labor and Employment Group of the Philadelphia-based law firm of Dilworth Paxson LLP . He dedicates his practice to litigating and assisting employers on labor and employment issues affecting the workplace, including collective bargaining, discrimination, employee handbook policies, enforcement of restrictive covenants, and trade secret protection. Eric also serves as a volunteer mediator for the United States Equal Employment Opportunity Commission. Contact him at emeyer@dilworthlaw.com .

Articles by Eric B. Meyer

HR News & Trends, Legal Issues

Protected Workplace Conduct Is “As Simple as Telling a Supervisor to Stop.”

no-harassment

By Eric B. Meyer

When I think about retaliation, I think about who gets fired after complaining about discrimination to an HR Manager or the EEOC.

These actions epitomize the “opposition” and the “participation” clauses of Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute.

By what about when an employee doesn’t go to HR, doesn’t complain to the Equal Employment Opportunity Commission, but, instead, simply tells a supervisor to stop sexually harassing her? If that employee is later fired, and she can establish that she was fired because she told her supervisor to stop, is that a winning retaliation claim? Read more…

HR News & Trends, Legal Issues

Court: Sexual Stereotyping Is Really Sexual Discrimination

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By Eric B. Meyer

Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another.

One of those cases settled last week for $150K.

Yesterday, the other action survived the employer’s motion to dismiss the case. Read more…

Legal Issues

For Handling Employee Disabilities, Take the Burger King Approach

BurgerKing2

By Eric B. Meyer

ADA and Burger King?!? Has someone been eating too many Whoppers?

Actually, the inspiration for this post comes from Seattle attorney Michael Harrington, who presented The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons for Employers! with me yesterday at the 2015 Employer Compliance Conference in Washington, D.C..

(If you want a copy of our PPT, please email me. I got you.) Read more…

Benefits, Legal Issues

EEOC Unveils Its Proposed New Rules For Wellness Programs

From the HR blog on TLNT: workplace wellness

By Eric B. Meyer

More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, the Equal Employment Opportunity Commission yesterday released its proposed new rules on wellness programs.

If you want to have an employee wellness program that complies with the Americans with Disabilities Act, here are five (5) things the EEOC wants you to do:  Read more…

HR News & Trends, Legal Issues

Fired for Sex Jokes, Man Claims Disability Act Violations Instead

ADA-Sign

By Eric B. Meyer

As I resist every urge to cheapen this post further by resorting to silly puns and other double entendre, allow me to set the stage of this case for you:

The plaintiff was an auto technician in the vehicle install bay at a large electronics store. According to the court’s opinion (in Sharp v. Best Buy Co., Inc.), he was familiar with the store’s zero tolerance policy for sexual harassment. Through his doctor, the plaintiff, who had narcolepsy and cataplexy, requested no shift work. With one scheduling exception, the store accommodated him.

About a year later, one of the plaintiff’s female co-workers accused him of sexual harassment. The allegations revolved around comments from the plaintiff regarding the victim and the act of fellatio. Read more…

HR News & Trends, Legal Issues

Is Telecommuting a Reasonable Accommodation Under the ADA?

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By Eric B. Meyer

If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading a 1,000 plus word blog post:

Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act, except where regular attendance is an essential function of the job.

For those of you with a few minutes to spare, today’s post springs from a case, a saga really, involving the U.S. Equal Employment Opportunity Commission and the Ford Motor Company. And since I have a few good employer takeaways at the end — hey, don’t skip all the way through! — today’s post is worth the time. Read more…

HR News & Trends, Legal Issues

EEOC: Bathroom Restriction on Transgender Employee Was Discrimination

discrimination

By Eric B. Meyer

Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees: Bathroom use.

On Wednesday, EEOC Commissioner Chai Feldblum fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below (and here) is the one she sent to my side of the bar: Read more…

HR Basics, Legal Issues

HR Basics: When Do You Have to Pay Your Employees For Travel Time?

123RF Stock Photo

By Eric B. Meyer

Let’s start this post off with a disclaimer:

I’m going to address travel time under the Fair Labor Standards Act. Many of you folks live in crazy states, like New York, that have more lenient state versions of the FLSA.

I’m not giving any advice about state laws or local laws. Heck, I’m not giving any legal advice at all. The blog’s general disclaimer applies with equal force to this post. Read more…

HR News & Trends, Legal Issues

When an Employee Tosses Banana Peels and Claims Discrimination

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By Eric B. Meyer

Where do I find these cases I write about, you ask? I ain’t telling.

But seriously, this case (Ennis v. Del. Transit. Corp.) isn’t so much about the particular facts …

  • White employee tosses banana peels at work.
  • Black employees complain of racism. Read more…
HR News & Trends, Legal Issues

Here’s Why You Should Never Put “Health Reasons” on a Termination Form

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By Eric B. Meyer

Happy Monday, everyone.

Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer/HR professional, right?

Today, I bring you a very simple lesson, courtesy of the Philadelphia-based Third U.S. Circuit Court of Appeals, from right here in my backyard. Read more…