WIRTW #565 (the “back to school” edition)

My kids went back to school this week. 5th grade for Donovan and 8th grade for Norah. I sent them off with this advice.

Try your hardest, be your best you, and always be kind. 

Word to live by, whether you’re a student, an employee, or just a human being.

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Here’s what I read this week.

The EEOC asks the Supreme Court to legalize sex discrimination

This fall, the Supreme Court will hear argument in three cases to decide whether Title VII’s coverage of sex discrimination also implicitly protects LGBTQ employees from discrimination. Last week, the EEOC filed its brief in the cases, making a startling argument in favor of legalizing not just LGBTQ discrimination, but all sex discrimination.

“Sex stereotyping by itself is not a Title VII violation”

Does the ADA cover morbid obesity? Federal appellate court says maybe 🤷‍♂️

Jose Valtierra weighed 370 pounds at the time Medtronic terminated his employment in 2014 for falsifying job reports. Valtierra claimed that he had been denied an accommodation for his morbid obesity, which he alleged caused him to be unable to perform his job. Hence, the fake job reports.

The 9th Circuit Court of Appeals punted on the issue of whether "morbid obesity" is a disability covered by the ADA.

New study reveals that age discrimination remains a worsening problem for employers

Insurance company Hiscox just released its 2019 Ageism in the Workplace Study [pdf], which revealed some sobering statistics about the growing problem of age discrimination for American employers.

Is it legal to dock the pay of employees who skip a political rally being held in the workplace?

Has an employer violated the law if it docks the pay of an employee who skips a speech being given by Donald Trump in their place of employment?

Over the weekend news broke of a Pennsylvania employer who had an interesting way to influence its employees attendance at a rally Donald Trump was holding at their place of employment during the work day. Only pay those employees who show up.

“NO SCAN, NO PAY,” a supervisor wrote to his employees.

WIRTW #564 (the “Woodstock” edition)

At this moment very moment, 50 years ago, an estimated 400,000 people were gathered on Max Yasgur’s dairy farm in Bethel, New York, celebrating 3 days of peace and music.

Woodstock.

On Sunday, my kids will take the stage at the Rock & Roll Hall of Fame as part of School of Rock’s Woodstock Festival. Each of the three local Schools of Rock will perform a shortened version of their full Summer Woodstock shows. 

Here’s a short preview of what you’ll see. Donovan on vocals, and Norah holding down the bass and adding more vocals, on Sly & Family Stone’s Sing a Simple Song.

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The performance runs from 2 - 5 on Sunday on the big stage on the Rock Hall plaza. The music is free; the love isn’t (they’re just kids after all).

Here’s what I read this week.

Government sanctioned discrimination is abhorrent and we, as a nation, should be ashamed

Trigger warning: today’s post is not for everyone. If, however, you are offended by what I am about to say, then today’s post is specifically for you.

Yesterday, the Department of Labor’s Office of Federal Contract Compliance Programs, the federal agency that regulates and governs federal contractors and subcontractors, proposed regulations to clarify the scope and application of the religious exemption contained in section 204(c) of Executive Order 11246.

You are DUMB if you threaten to fire employees who support labor unions, and even DUMBER if you tweet about it #barstool

Meet Dave Portnoy. He’s the editor of Barstool Sports, a website that I can only describe as having missed the memo entirely on #MeToo. Mr. Portnoy describes himself as: “El Presidente/3 time Bee Sting survivor. Heart attack survivor. 2019 #dipoff champion. Shot 4 under at Shinnecock. Worshipped like a 3rd world dictator.”

#yuck

Portnoy also holds some strong opinions, including about labor unions.

The law is a floor, not a ceiling: FMLA and IEP meetings

Last week, the Department of Labor issued an opinion letter [pdf] making clear that covered employers must provide intermittent FMLA leave to eligible employees who need time away from work to attend meetings to discuss the Individualized Education Program (IEP) of the employee’s child.

Rather than discuss the opinion letter in detail, I’ll instead direct you my blogging friends—Jeff Nowak, Suzanne Lucas, and Eric Meyer—each of whom covered this story over the past few days.

Instead, I want to use my space today to make a broader point about the law in general.

Do you know what to do if ICE shows up at your business?

Last week, US Immigration and Customs Enforcement agents arrested nearly 700 immigrants as part of a series of raids at work-sites throughout Mississippi. The raids are part of the Trump administration’s ongoing crackdown on illegal immigration.

What if ICE shows up at your business. Do you know what to do?

I’ve covered this topic previously. Given the recent news, It thought it was worth revisiting. You can read my thoughts here.

* Photo Courtesy of ICE. [Public domain], via Wikimedia Commons