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Employment Law

One job at a time, please

Moonlighting, or working a second job, has always existed as a feature of the after-hours workplace. But computers and remote work have brought the temptation to work two or even three jobs into the daylight.

FMLA and mental health—what you need to know as an employer

Do you have an employee looking to take FMLA for mental health? Following are some tips and guidelines to know when it comes to employees taking FMLA for mental health reasons.

No go: Attempts to blame sexual harassment on plaintiff backfire

One of our primary roles as attorneys is to protect our clients from their worse instincts, like this one: “Let’s file a motion to require a sexual harassment plaintiff to submit to a psychosexual examination.” Umm, no.

EEOC warning: Consider disabilities when enforcing drug tests

A veteran suffering from PTSD received an offer of employment conditioned upon a negative drug test. The applicant subsequently took the drug test and received a “non-negative” result. The next day, the applicant’s job offer was revoked without explanation.

EEOC sues Red Robin for sexual harassment and retaliation

Red Robin International, Inc. violated federal law when it allowed a male line cook to sexually harass female employees despite repeated notice of such unlawful behavior and retaliated against them for complaining.

Creating a diverse workplace: Erase the fear

Creating a diverse workplace re­­mains a top goal for many em­­ployers. But organizations also wonder if those efforts may include unintended consequences like reverse discrimination or other lawsuits.

Global gender gap persists

According to the 2022 World Economic Forum Global Gender Gap Report, at this rate, it will take 132 years to achieve gender parity.

Office romance and harassment, remotely

A survey focusing on sexual harassment in the workplace revealed that a whopping 77% of 1,656 respondents had a sexual or romantic relationship with a co-worker at some point.

Reminder: Avoid ageist preference talk

Rejected or terminated older employees who sue under the ADEA often try to prove age discrimination by offering as evidence management comments with an ageist bent. For example, a CEO who speaks publicly about a preference for youthful applicants or refers to employees as “old timers” or “dinosaurs” may provide the proof a fired older worker needs to win their case.

Consider accommodation request as illness

Here’s a warning to share with managers and supervisors. An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.