Monday, August 20, 2018

EEOC sues on behalf of harassed Catholic employee


Religion a funny thing. Throughout the history of mankind it's fueled so much hate, war, and death. And yet, it brings so much peace, comfort, and love to so many people.

My philosophy is live and let live. You believe what you want, and I'll believe what I want. Your religion is none of my business, just as mine is none of yours.

The world we be a better place is everyone lived this message. But not everyone does.

Friday, August 17, 2018

WIRTW #519 (the “R-I-P-R-E-S-P-E-C-T” edition)




While I've always loved Aretha's music, and her voice, and her soul, I never appreciated until watching yesterday's tributes how key of a role she played in the civil rights movement.

Rest in peace Queen of Soul. Your message and your spirit will be missed as much as your voice.

Here's what I read this week:

Thursday, August 16, 2018

Can you lawfully fire an employee who writes "whore board" to protest a new overtime rule?



In Constellium Rolled Products Ravenswood, LLC, the NLRB held that an employer unlawfully fired an employee who wrote "whore board" on an overtime sign-up sheet.

How is this unlawful? Let's explore.

Wednesday, August 15, 2018

Are "digital addiction" claims about to invade your workplace?


There is no doubt that addiction is a protected disability under the ADA (and Ohio's parallel law).

Typically, we think of addiction as relating to drugs or alcohol. But, there's a new wave of addictions on the horizon—digital addictions.

Tuesday, August 14, 2018

Ohio's new cybersecurity safe harbor for businesses means the time for cybersecurity compliance is NOW


Do you know that the average total cost of a data breach to a business is $3.86 million?

This is a 6.4% increase over the past year.

For companies doing business in Ohio, some relief is on the way.

Monday, August 13, 2018

Protecting your business from an "Omarosa": workplace recordings and the law



Omarosa Manigault-Newman, formerly a contestant on Donald Trump's The Apprentice and also formerly an employee in President Trump's White House, secretly recorded Chief of Staff John Kelly firing her.

In 38 states plus the District of Columbia, this surreptitious recording would be perfectly legal.

Friday, August 10, 2018

WIRTW #518 (the “no-stress zone” edition)


What de-stresses you? Where do you go, or what do you do, that makes all the stress in your life melt away?


My wife and I recently spent a few days in Sedona, Arizona. We hiked, we jeep-toured, and we drank wine.

It was the most stress-free we've felt in years.

Thursday, August 9, 2018

No one should be told to "suck it up" after requesting FMLA leave


If this was August 2017, I would be touting today's post as a strong contender for the "Worst Employer of the Year." It says a lot, however, about the quality (moral suckitude?) of this year's nominees that today's post can't even scratch 2018's list of nominees.

Wednesday, August 8, 2018

Juicing the reasonable accommodation low-hanging fruit



Would you rather spend seven figures to lose a lawsuit, or $1.69 to allow a diabetic employee to drink a bottle of orange juice?

The answer should be pretty clear.

Or maybe not?

Tuesday, August 7, 2018

Despite what one court held, workplace discrimination laws DO protect employees from non-employees



Pop quiz: Can an employer ignore harassment or other discriminatory behavior directed at employees by non-employees?

If your answer is "yes," you'd be in agreement with the court in Shaw v. Access Ohio (Ohio Ct. App. 7/27/18).

You'd also be dead wrong.

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