WIRTW #187 (the “24” edition)
Willie Mays … Jack Bauer … Jon Hyman … what do we all have in common? The number 24. HR Examiner, one of the preeminent online magazines on ...
Archive: July 2011
Did you hear the one about the one-armed man who applied for a job with TSA?
By Jon Hyman
Michael Costantino was born without a left hand. Should the Transportation Security Administration have hired him as an airport screener? Or...
Calling for a balanced approach to criminal background checks
By Jon Hyman
Yesterday, the EEOC continued its series of public meetings examining hiring practices as alleged employment barriers, covering employers’ u...
Start-up offers social media background searches; employers rejoice and privacy advocates mistakenly groan
By Jon Hyman
More employers are turning to social media sites to vet potential employees. There is no doubt that sites like Facebook and Twitter offer a ...
Is this what a disability analysis looks like under the ADAAA?
By Jon Hyman
A lot has be written over the past couple of years predicting how the 2009 amendments to the ADA have eviscerated the definition of disabili...
Announcing the publication of Think Before You Click: Strategies for Managing Social Media in the Workplace
By Jon Hyman
It is with great pride and accomplishment that I announce the publication of Think Before You Click: Strategies for Managing Social Media in...
WIRTW #186 (the carnival edition)
By Jon Hyman
This week marks the 186th edition of What I Read This Week , where I share the best what caught my eye as I surfed around the blogosphere (m...
Find the sweet spot when firing a bad employee
By Jon Hyman
There is a balance between providing a poor-performing employee sufficient time to improve and waiting to long to fire someone. Cohen v. CHL...
You’d think a businesses named “Menorah House” would know something about accommodating the Sabbath
By Jon Hyman
The EEOC is alleging that Menorah House, a Boca Raton, Florida, nursing home, violated Title VII when it fired an employee who wanted time o...
Can you hear me now? Don’t forget mobile devices in your social media policy
By Jon Hyman
You think you’ve crafted the perfect social media policy for your employees. You let employees have the freedom to engage in limited and r...
Retaliation is the Hannibal Lecter of employment claims
By Jon Hyman
How often do you see a perfectly defensible employment claim go up in flames because of retaliation? Take, for example, MacDonald v. UPS (...
WIRTW #185 (the “3 is the magic number” edition)
By Jon Hyman
Yesterday, my son turned three. For those of you who follow regularly, you’ll understand why yesterday was just a little more special to our...
We’ve come a long way … and we still have a long way to go
By Jon Hyman
In 1968, United Artists pulled 11 Looney Tunes and Merrie Melodies cartoons from televised syndication, deeming their portrayal of Africa...
How NOT to respond to an employee’s pregnancy
By Jon Hyman
If an employee with low sales numbers announces her pregnancy, do you: congratulate her and continue to treat her the same as before th...
The obligatory post about Google+
By Jon Hyman
On June 28, Google launched its latest foray into social networking, Google+ . Since its lauch, Google+ has created quite the buzz around t...
WIRTW #184 (the scholarly edition)
By Jon Hyman
A few days ago I received the following request, via Twitter, from a Jason Tenenbaum ( @t10nbaum ), a law student at Hofstra University: ...
ADA’s associational disability provision does not shield poor-performing employees from termination
By Jon Hyman
Eugene Stansberry, who sued his former employer for disability discrimination, is not disabled. His wife, however, is, suffering from Polyar...
EEOC announces record settlement in ADA case challenging rigid attendance policy
By Jon Hyman
Last month I reported on the EEOC’s public meeting on leaves of absences as ADA reasonable accommodations . At the time, I recommended the f...
The “when” of counting employees for damage caps in federal discrimination cases
By Jon Hyman
Counting is wonderful, Counting is marvelous, Counting’s the best thing to do. Counting is happiness, Counting is ecstas...
Time after time, time alone is not enough to prove retaliation
By Jon Hyman
More than three years ago, I discussed that an employee needs to prove something more than the mere closeness in time between protected acti...
Apparently it’s a short trip from Wal-Mart to breast feeding
By Jon Hyman
Last Friday, Labor Secretary Hilda Solis released the following statement about the Dukes v. Wal-Mart decision on the DOL’s Work in Progres...
WIRTW #183 (the “to catch an (alleged) adulterer” edition)
By Jon Hyman
Chris Hansen’s Dateline NBC series To Catch a Predator was one of my guilty pleasures. It was eye-opening to watch a bunch of creeps try ...