You Still Can’t Use Your Dress Code As An Excuse To Discriminate

February 14, 2019 |

Remember that time when the U.S. Supreme Court held that Abercrombie & Fitch discriminated against a Muslim woman because her head scarf clashed with its “look” policy? No?  Well, let me refresh your memory.  Abercrombie refused to hire a Muslim woman who wore a hijab because the head scarf violated its no hats dress code, […]

A Clearer Definition of “Protected Concerted Activity”

February 12, 2019 |

First, a quick reminder.  The National Labor Relations Act applies to all employers, not just those with unionized workers.  So, even if your workplace is union-free, please keep reading.  This information will be helpful to you! Now, some law school geekery.  Hooray!  Jacobellis v. Ohio was mandatory reading in the first year of law school.  It’s a […]

Does A Reasonable Accommodation Under the ADA Always Mean The Employee’s First Choice?

February 7, 2019 |

In the context of employment, the Americans with Disabilities Act prohibits discrimination against employees and applicants with disabilities, and requires employers with 15 or more employees to provide reasonable accommodations to qualified applicants or employees with disabilities. Under the ADA, a “reasonable accommodation” is a change that accommodates employees with disabilities so they can do […]

Is it Okay to Test the Competencies of Older Employees?

February 5, 2019 |

A few days ago, I read a New York Times article titled “When Is the Surgeon Too Old to Operate?” In the article, a now 83-year-old surgeon describes his initial resistance, at age 80, to suggestions that his surgical skills be evaluated.  He explains that, initially, he felt he was the best person to evaluate […]

Work Harder…For the Good of All Mankind

January 31, 2019 |

Here’s my abridged version of the email Elon Musk sent to employees at 1 o’clock in the morning a little over a week ago: Last year was our most successful year ever.  But, we’re cutting our workforce.  For those remaining, prepare to work even harder.  Your work is essential to ensure the future of mankind. […]

Next Page »

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.