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…
LinkedIn is off the hook.
A California district court has dismissed a class action lawsuit filed against the business networking site (the full decision in Sweet v. LinkedIn Corporation can be found here).
The popular social network was sued last year by job seekers who claimed that LinkedIn’s Reference Searches cost them jobs. The theory of the case was that LinkedIn should be treated like other background screening companies — a theory that was successful against another website, Spokeo. Read more…
The job prospects for this year’s college seniors are better than they have been in years, say two different employer surveys.
CareerBuilder’s survey of 2,175 hiring and human resource managers found 65 percent of them planning to hire one or more of the upcoming graduates, an eight-point increase from last year’s survey and the largest percentage since the year before the recession.
The National Association of Colleges and Employers, which conducts a related survey, says its member companies, which include a large share of the Fortune 500, intend to up their college hiring. The 162 responding companies told NACE they intend to hire 9.6 percent more grads this year than last. That’s the highest expected increase in NACE’s spring survey since 2012. Read more…
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…
Today, April 23, is the fourth Thursday of the month, which means it’s Take Our Daughters and Sons to Work Day (aka TODAS).
Kids will be trooping through workplaces around the country, sometimes hanging out with a parent but more often enjoying a busy agenda of carefully planned, hands-on activities.
I used to find the whole idea of this annoying as hell. Read more…
I’m mindful of Laurie Ruettimann’s blog post from a couple of weeks ago where she put it straight out – HR Research Isn’t Research: It’s Marketing.
She ends her post with this:
Remember — today’s HR research is marketing, wrapped up in survey data, presented for consumption as sales collateral.”
And, of course, she’s right. Read more…
A new study recently released by Cornerstone OnDemand with Northwestern University provides new life to the old adage, “No man is an island.”
While HR professionals have long understood that people’s surroundings impact their behavior and performance in the workplace, this is the first study of its kind that quantifies the negative ramifications of hiring bad employees.
The report, Toxic Employees in the Workplace, suggests that 3 to 5 percent of all employees are terminated for reasons to be considered “toxic” (e.g., misconduct, workplace violence, drug or alcohol abuse, sexual harassment, etc.) — but what’s more, these individuals greatly increase the likelihood of their co-workers engaging in toxic behavior, and even leaving outright. Read more…
By Dale L. Deitchler
With the enactment of “Haleigh’s Hope Act” last week, Georgia became the 26th jurisdiction to decriminalize medical marijuana use.
The Act, which became effectively immediately upon signature by Georgia Gov. Nathan Deal, legalizes such use under Georgia law in connection with nine specified medical conditions, including end-stage cancer, amyotrophic lateral sclerosis (Lou Gehrig’s Disease), seizure disorders, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s, and sickle cell disease. Read more…
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…
By John E. Thompson
In February, we reported on U.S. Wage and Hour Division Administrator David Weil‘s comments that the agency is considering whether the federal Fair Labor Standards Act somehow entitles employees to “predictable scheduling.”
His remarks related to whether there is an enforceable right to a stable work schedule and to advance notice of that schedule.
Perhaps not surprisingly, it turns out that his remarks were a harbinger of apparently coordinated efforts to press for legally mandated scheduling requirements. Read more…