It has become an all too familiar story in this age of #MeToo (although this one has a twist, as you’ll see below): a supervisor using managerial authority to pressure a subordinate to give sexual favors. In this story, the employee claims the pressure started at hire, involved the supervisor demanding attention, favors, gifts and even food then escalating to demands for sex in the office. The employee needed the job and ultimately concluded that sex was the only performance metric that mattered because the clear implication was that the supervisor would ruin the employee if the employee did not comply. Continue Reading What, #MeToo???

Before I became a lawyer or even considered the profession, I was a waitress. I also was a feminist.  I was 18 and working at a restaurant In Providence RI.  Ronnie’s Rascal House!  One of the line cooks constantly called me “honey, baby and sweetie.”  Every time I put an order check on the wheel and spun it to him into the kitchen, he said it. One day I had had enough and I said, “I am not your honey or baby or sweetie.”  I snapped those words. He looked at me stunned and said, “I am sorry. I had no idea.”  After that we became very good friends. Continue Reading You Have To Believe It To See It!

Finally! The new Family and Medical Leave Act (FMLA) forms and notices are here!

As FMLA-covered employers sadly know, the FMLA requires employers to provide certain very detailed notices to employees requesting FMLA. In addition, employers may request only very specific and limited information from employees and their (or their family member’s) health care providers. The Department of Labor provides model FMLA forms and notices that meet the FMLA’s requirements on its website. Continue Reading Time to Update Those FMLA Forms!!!

Recently, I blogged about a press release from the Equal Employment Opportunity Commission in which it misstated the law on post-offer medical examinations under the Americans with Disabilities Act. I was hoping that was a one-off mistake. But another recent EEOC press release has given me some concern, because I believe that it again misleads employers on their obligations under the ADA – this time with regard to associational discrimination. Continue Reading Another Misleading EEOC Press Release on the ADA…

I was perusing the Equal Employment Opportunity Commission’s recently released Volume 2 of its 2018 Federal Digest of Equal Employment Opportunity Law (yes, I know I need some better hobbies), and noticed an article entitled, “Assessing Workplace Harassment Prevention Methods Through Comparisons With Similar Crime Prevention Strategies.” The article posits that “[b]y comparing harassment prevention strategies to similar crime prevention efforts, for which empirical research already exists, the EEOC hopes to identify useful tools for preventing workplace harassment.” Well, that struck me as an interesting, if somewhat questionable, approach. But let’s look at what the EEOC says. Continue Reading The EEOC Compares Harassment Prevention to Crime Prevention

This week, the Equal Employment Opportunity Commission trumpeted a $4.4 million settlement in a lawsuit in which the EEOC claimed that Amsted Rail had violated the Americans with Disabilities Act by disqualifying applicants based on the results of a test for carpal tunnel syndrome. In the EEOC’s press release, Andrea G. Baran, regional attorney for the EEOC’s St Louis District Office, was quoted as follows: “While it is lawful under some circumstances for employers to conduct limited medical exams after making conditional offers to job applicants, it is not ‘anything goes’.” Wait, what? Actually, I thought it was “anything goes” at that point! Continue Reading What Is the EEOC’s Position on Post-offer/Pre-employment Medical Exams?

On June 6, 2018, the General Counsel of the National Labor Relations Board issued guidance on lawful and unlawful handbook rules under the National Labor Relations Act. This guidance follows the GC’s December 1, 2017 withdrawal of prior guidance on handbook rules that had been issued in 2015. Shortly thereafter, on December 14, 2017, the Board issued its decision in The Boeing Co., in which it articulated a new and more balanced test for assessing the legality of workplace rules, applicable to both unionized and non-unionized employers.  Continue Reading NLRB Issues New (And More Balanced) Guidance on Handbook Rules

In the era of the #MeToo movement, it may be easy to overlook that equal pay is also having a moment. A huge moment. The federal Equal Pay Act (“EPA”) of 1963 requires “equal pay” for “equal work.” If the plaintiff shows a difference in pay for such work, the employer must prove the wage difference is due to a legitimate reason, which includes: Continue Reading Is Equal Pay becoming the new #MeToo?

I LOVE when people bring treats into the office.  From bagels, to muffins, to cakes, to cookies – I will eat them all.  That’s why when I saw a story about brownies being brought into an office with a little something extra baked into them (hint, the secret ingredient was NOT love), I was taken aback. Continue Reading Lessons Learned from those “Special” Treats in the Breakroom or at the Office Party

I have a friend who is a high school biology teacher. A few years ago, her class dissected a sheep’s brain. After class, one of her students confessed to her that he had licked the brain!!! (I’ll pause here for a moment so you can wrap your own brain around that….) Unsurprisingly, this caused an immediate uproar. The school nurse was appropriately concerned about possible health issues (prions that can cause horrific diseases, poisonous chemicals, etc.). On the other hand, an administrator questioned whether my friend had failed to preemptively instruct her students NOT TO LICK THE BRAIN. Um, what? I think we can agree that is one of those things that is so glaringly obvious you should not have to spell it out as a general matter. Continue Reading Starbucks – Training Employees on the Obvious?