We are often inundated with stories about sexual harassment, unequal pay, failure to hire or promote or similar issues. Virtually all of the stories discuss unequal treatment of women–and with good reason. It happens so often. Title VII (and many state laws) however, prohibit employment discrimination based on sex. The law doesn’t limit its protections […]
Can You Ask Employees About Drinking Habits?
This is a trick question, right? I mean, isn’t asking an applicant or employee about drinking habits a violation of the ADA? Under the ADA, alcoholism is a protected disability The answer to any such questions could reveal that disability, and if the employer bases its decisions on that response, it could be liable for […]
375 Thousand Reasons Why American Airlines’ Discipline of Employees Taking Sick Leave Didn’t Fly
Do you have sick leave and attendance policies? I hope so. Do you provide Paid Time Off (PTO)? Again, I hope so. Are you allowed to limit how much time off an employee takes or uses? Yes, within reasonable limits, and depending on whether any federal, state or local laws have something to say on […]
Rumor Has It…That Sexual Rumors May Be Sexual Harassment
Have you ever had to deal with rumors of sexual misconduct in your workplace? Chances are you have — or you’ve at least heard sexual rumors. Is spreading rumors that a female employee is sleeping with her boss sexual harassment? Title VII of the Civil Rights Act of 1964 prohibits discrimination “because of” sex. The […]
Are Sports Referees Employees or Independent Contractors?
I love irony. I can’t resist pointing it out. So how’s this for some irony? The Pennsylvania Interscholastic Athletic Association just agreed to pay $260,000 to settle allegations in a class/collective action lawsuit that it misclassified its referees as independent contractors. What’s the irony? The referees, whose job it is to apply established rules and […]