Thursday, July 27, 2017

Treat harassment by non-employees no differently than harassment by employees


Consider the following lawsuit the EEOC filed against a California senior-care provider:
The civil rights agency found that Rashon Sturdivant, an experienced care provider, faced daily harassment, including racially offensive remarks about “brown sugar” and “black butts,” requests to perform sexual acts, and lewd comments about her body. The client also masturbated in front of her and groped her when she performed routine tasks like helping him sit up in bed or cleaning him. Although Sturdivant and other care providers informed R. MacArthur of his conduct, the EEOC charges that the employer failed to act on these complaints and also retaliated against Sturdivant by refusing to reassign her to another client.

Wednesday, July 26, 2017

The 14th nominee for the “worst employer of 2017” is … the horny head of HR


The 14th nominee for the worst employer of 2017, on which you'll be be voting at year's end, is perhaps the worst HR exec ever. If she's not the worst, she's at least the most libidinous.

Tuesday, July 25, 2017

OSHA, what say you about Michael Phelps vs. Shark?


This week is Shark Week on the Discovery Channel. And the marquee event of this year's Shark Week was Olympic swimmer Michael Phelps "racing" a great white shark. I say "racing" because Phelps did not race an actual shark. Instead, he swam against a CGI shark based on a previously recorded shark. To create the CGI, the show had to record a shark swimming in a straight line for a pre-determined distance. And, since great white sharks are not known for their trainability, the job to lure the straight-line swim fell to this guy.


Monday, July 24, 2017

Court rules that religious accommodation request is not protected activity for retaliation claim


A Minnesota federal court has ruled that an employee’s request for a religious accommodation did not qualify as protected activity to support the employee’s retaliation claim. EEOC v. North Memorial Health Care (D. Minn. 7/6/17) involves a hospital that withdrew a conditional job offer to a nurse after she disclosed that she was a Seventh Day Adventist and could not work Friday nights because of her religion.

Friday, July 21, 2017

WIRTW #468 (the “big in Japan” edition)


True story. While trekking between San Francisco’s Coit Tower and Lombard Street, we passed a group of Japanese tourists exiting their bus. One of girls, wearing a striped shirt sort of similar to Norah’s striped dress, asked if she could take a selfie with Norah. A little Puzzled and very curious, my wife asked, “Is it because you’re both wearing stripes?” “No,” she replied, “It’s because she’s so pretty.”

Somewhere in Japan, Norah has a fan club of a half-dozen girls, all with Norah selfies on their phones.


While I’m on the subject of Miss Norah, she has some pretty cool gigs coming up over the next two weeks.

Here’s what I read this week:

Thursday, July 20, 2017

This is what the interactive process is supposed to look like


Last week, Donovan turned 9. Since we were in California during his birthday, we’ve had a bit of a delayed celebration back home. Since D-man has Celiac Disease and cannot eat anything with any gluten, he wanted an ice cream birthday cake. For him, however, ice cream can be tricky. Even if the ice cream itself contains zero gluten in its ingredients, it can still make him ill if it becomes cross-contaminated.

Wednesday, July 19, 2017

The (high) times they are a changin’: medical marijuana and disability discrimination


In what is believed to be the first decision of its kind, the Massachusetts Supreme Judicial Court has allowed an employee to pursue a disability discrimination claim based on the use of medical marijuana.