Supreme Court finds religion, dismisses discrimination lawsuit

Any decision issued by the Supreme Court in an employment case is newsworthy. Thus, even though Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC [pdf] concerns the viability and applicability of the narrow ministerial exception under Title VII, it is still worthy of discussion. Hosanna...

Ohio joins the fray on employers asking for social media passwords

It was only a matter of time before Ohio joined the list of states to introduce legislation that would prohibit employers from asking for social media passwords. Senate Bill 351 , introduced late last week, would amend Ohio's employment discrimination statue to make it an "unlawful discriminatory...

Pop quiz: Can you condition a job offer on a withdrawal of an EEOC charge?

Consider the following chain of events: 8/14: Pregnant Employee, armed with a doctor's note, asks for modified duty, and employer terminates her. 8/15: Employee files an EEOC charge. 8/18: Employer reconsiders, changes its mind, and decides to offer a light-duty position, consistent with...

The EEOC and racial harassment: calling a spade a s---e

The EEOC has published a website detailing 42 racial harassment cases it has litigated over the past three years. The purpose of the website, I think, is to bring awareness to the agency's efforts to combat this insidious form of discrimination. Sexual harassment cases often get the headlines, but...

Disability services provider sued for, what else, disability discrimination

I'm four years older than my brother. For this reason, growing up I would sometimes get punished for things for which my brother was let off the hook. The reasoning? You should know better. And, I'm sad to say that now that I have two kids of my own, I have found myself repeating this refrain...

Does your social media policy educate about being “profersonal?”

Jason Seiden , the co-founder and CEO of Ajax Social Media , calls it profersonal : the inherent intertwining of our personal and professional personas online. Last week, Greek Olympian Voula Papachristou got a quick and dirty lesson on being profersonal. Greece removed her from its Olympic team over...

Richard Kimble and the ADA

Lt. Philip Gerard : Why don't you stop running and turn yourself in, Kimble? Dr. Richard Kimble : There's a man I have to find. A one-armed man. When I find him, I'll turn myself in. Lt. Philip Gerard : Still sticking to that same tall tale? "A one-armed man killed my wife."...

Transfer preferences to vacant positions as an ADA reasonable accommodation continue to baffle courts

A disabled employee comes to you and asks for a transfer to an open and available position as a reasonable accommodation? Do you grant the request? For the time being, there is no clear answer to this difficult question. The ADA includes "reassignment to a vacant position" as a possible...

Do your employees know what “loyalty” means?

In almost all states (Ohio included) all employees owe their employer a "duty of loyalty," which, in the words of one court , means "a duty to act in the utmost good faith and loyalty toward his [or her] employer." According to another court , "[A]n ... employee is prohibited...

Employers are increasingly worried about social media and workplace technology

What policy will cause employers to lose the most sleep in the coming year? According to a recent survey conducted by BLR , social media will be the most formidable challenge for businesses in 2013. The complete answers to the question of which policy presents the biggest challenge to employers: ...

Pay attention: NLRB issues its second social media decision in a month (Knauz BMW)

Late last week, the NLRB issued its second decision in a case involving employee use of social media. In Karl Knauz BMW , the Board concluded that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted...