“You’re pregnant. We can’t hire you.”
There are some things you just shouldn't say to a pregnant job applicant—such as, “You’re pregnant. We can’t hire you.” But, that's ...
Archive: June 2011
“Despicable” does not always equal “severe or pervasive” in a racial harassment claim
By Jon Hyman
In Williams v. CSX Transp. Co. (6/28/11) [pdf] , the 6th Circuit upheld the dismissal of a racial harassment claim, confirming the long-sta...
Public policy is in the eye of the beholder
By Jon Hyman
Consider the following two wrongful discharge cases, both recently decided by different Ohio appellate courts, and think about which you bel...
“Twitter is like making a press statement”
By Jon Hyman
Social Media Today published some eye-opening stats on social media’s penetration into the public consciousness: One out of every six ...
WIRTW #182 (the “Oscar the Grouch” edition)
By Jon Hyman
Last summer, I asked a simple question: “ Have we devolved into a society of assholes? ” Today, I offer the empirical proof, courtesy of a s...
EEOC holds public meeting on 21st century hiring discrimination … and misses the biggest issue
By Jon Hyman
There is perhaps no issue more important to the topic of hiring in the 21st century than social media. Yet, yesterday the EEOC held a public...
Wal-Mart v. Dukes does not equal barefoot and pregnant
By Jon Hyman
I thought that I had my final say on Wal-Mart v. Dukes yesterday . Then, I read more of the commentary on the decision. For example, this cl...
The 7 key points for employers from the Supreme Court’s Wal-Mart v. Dukes opinion
By Jon Hyman
Yesterday, the Supreme Court unanimously reversed the certification of the class action in Wal-Mart Stores, Inc. v. Dukes . Recall that Duk...
BREAKING NEWS: SCOTUS reverses class certification in Dukes v. Wal-Mart
By Jon Hyman
Just a few minutes ago, the Supreme Court delivered its opinion unanimously reversing the 9th Circuit’s class certification in the historica...
The countdown is on for HR & Social Media
By Jon Hyman
Last week, the city of Vancouver erupted in violence after the Bruins eliminated the Canucks in the Stanley Cup Finals. Connor Mcilvenna, a ...
WIRTW #181 (the “Spoonie Luv” edition)
By Jon Hyman
Last week, Tracy Morgan got himself in trouble over a stand-up performance, during which he commented, among other things, that if his son ...
EEOC to explore disparate treatment in hiring
By Jon Hyman
The EEOC has spent a lot of its time lately examining employers’ hiring practices. For example, it has held public meetings looking at wheth...
How does the Howard Stern Show handle sexual harassment training?
By Jon Hyman
Last week, Howard Stern’s long-time producer Gary Dell’Abate paid Conan O’Brien a visit. Among the topics they discussed was how The Howard ...
Ohio Supreme Court to consider statute of limitations in workers comp retaliation cases
By Jon Hyman
Ohio Revised Code section 4123.90 prohibits employers from taking any adverse action against an employee who files a claim, or institutes, ...
“He grabbed her, threw her to the floor, pulled up her shirt, masturbated and ejaculated on her” = $95 million (wow)
By Jon Hyman
The acts of sexual harassment alleged by Ashley Alford against her supervisor, Richard Moore, in Alford v. Aaron Rents, Inc. are among most...
WIRTW #180 (the “pixie dust” edition)
By Jon Hyman
Last month, my family vacationed at Disney World. While the trip was planned last fall, it was a much needed (almost) week away after our or...
Ohio recognizes public policy tort for workers compensation retaliation in limited circumstances
By Jon Hyman
Ohio has a specific statute against workers’ compensation retaliation— R.C. 4123.90 . It prohibits an employer from retaliating against an e...
EEOC and employers differ on the use of neutral maximum leave of absence policies
By Jon Hyman
As I reported earlier this week , yesterday the EEOC held a public meeting on the use of leave as a reasonable accommodation . Opinions diff...
A love letter to Connecticut (or, a modest proposal to bring jobs to Ohio)
By Jon Hyman
Dear Connecticut, I read on the Connecticut Employment Law Blog that your state legislature passed its controversial paid sick leave bill...
Class actions: the smaller you are, the bigger the risk
By Jon Hyman
At some point in the next several weeks, the Supreme Court will deliver its long-awaited opinion in Dukes v. Wal-Mart . Recall that Dukes w...
EEOC to consider the use of leave as a reasonable accommodation
By Jon Hyman
I have previously discussed how the ADA may require that employers provide unpaid leaves of absence to disabled employees of more than 12 we...
WIRTW #179 (the “but, I have a black friend” edition)
By Jon Hyman
At Salon.com this week, Teresa Cotsirilos asks, “Is racism on the way out?” According to a website I discovered (thanks to @EPetersonSHRM )...
Does your social media policy cover photographs and video?
By Jon Hyman
Yesterday, I discussed the importance of having a policy covering workplace visual recording by employees . Employees snapping cell-phone ph...