Discrimination

Massachusetts Court Says Medical Marijuana Users Are Entitled to Accommodation

On July 17th, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s use of medical marijuana. This is the first…

The ADA Says You Get to Decide What Job Functions Are ‘Essential’

About a year ago, I blogged here about a litigation attorney with the State of Louisiana. She has a “disability” under the Americans with Disabilities Act. On account of her illness, the U.S. Department of Justice accommodated the litigator by allowing her to telecommute from…

What Happens Online Can Get You In Trouble

Before social media, harassment, sexual or otherwise, was pretty much confined to office hours. Now, work and personal life have become so entangled that what happens at work no longer stays at work. “Our employees are connected 24/7,” says Jeffrey Miller,…

Court Says You Can Fire A Worker You Believe Made Up A Discrimination Claim

It’s not just people who fabricate complaints of discrimination at work who can be fired, but those whom you believe fabricated discrimination claims. Everybody, roar it with me, “Yassssss!” In Villa v. Cavamezze Grill, LLC. the plaintiff was a low-level manager…

DOL Pulls Back Policies on Worker Classification, Joint Employers

The Department of Labor this morning announced it was pulling back from two Obama-era policies regarding the classification of independent contractors and joint employer liability. The three sentence DOL statement simply said two guidance letters issued in 2015 and 2016…

7 Workplace Sins That Could Land You In Court

If you think your organization is immune from workplace misconduct, think again. One in three women between the ages of 18-34 say they’ve been sexually harassed in the workplace. Moreover, many workers (40% to 60% in one study) say they’ve…

3 Steps You Can Take to Close the Gender Pay and Opportunity Gaps

Gender pay data can be examined in a number of different ways, but no matter how you slice it, the pay gap still exists. The most recent research by compensation data and software company PayScale, where I work, shows that…

Five Tips for Eliminating Workplace Misconduct

If you’re like most human resources professionals, you want to create a workplace where misconduct can’t thrive — and that starts with a strong focus on culture. Most people entering the workplace are looking for a positive, supportive culture. And whether…