Wednesday, April 11, 2018

The other side of diversity


Photo by Igor Ovsyannykov on Unsplash
Workplace diversity has two sides.

One side says that employers cannot discriminate against minorities. The other says that employers cannot discriminate against non-minorities in favor of minorities.

Some people call this reverse discrimination. I just call it discrimination.

Tuesday, April 10, 2018

#Me(n)Too


According to the Washington Post, nearly one in five — about 17 percent — of harassment complaints filed with the EEOC come from men.

And many involve same-sex harassment.

Some examples:

Monday, April 9, 2018

Cyclist fired for flipping off Presidential motorcade sues former employer


You may recall Juli Briskman, the biker that flipped the finger to Trump’s passing motorcade, and lost her job after a photo she posted went viral.

Ms. Briskman is not taking her termination lying down. In what appears to be a deep-funded and well-orchestrated campaign, she has filed suit in Virginia state court against her ex-employer.


Friday, April 6, 2018

WIRTW #500 (the “500th” edition)


Photo by Alexas_Fotos, via Pixabay
October 12, 2007. I posted my first ever edition of WIRTW (What I Read This Week). It looked a little different back then.

It’s since morphed into what I hope is a useful weekly resource for employers to find the best labor and employment blog posts each week.

Also, holy heck! Ten and a half years and 499 installments later! Who’d have thunk it‽

Thank to everyone for reading along all these weeks and year, and to the other great bloggers who’ve published content that I’ve shared. I literally could not write this column without y’all.

Here’s this week’s list of what I read this week:

Thursday, April 5, 2018

In the era of #metoo, let’s not lose focus on the “me”s other than sex


Photo by Luke Braswell on Unsplash
We’ve all done a lot of talking over the past six months about sexual harassment. We should not forget, however, that our laws make harassment unlawful if it’s based on membership in any protected class.

A federal jury in Detroit just provided employers a very real reminder of this fact.

It tagged Ford Motor Co. with a $16.8 million verdict. The plaintiff, a former Ford engineer, proved that the automaker created a hostile work environment based his Arab background.

Wednesday, April 4, 2018

Does your company need an Affirmative Action Plan?


Photo by Tirachard Kumtanom from Pexels
Compliance is a tricky beast, especially when you don’t know what laws your organization is supposed to be complying with.

Thus, every now and again it’s worthwhile to take a topic and break it down to it’s most basic level. Today is one of those days, and the topic is Affirmative Action Plans. 

As in, do you even know if your organization needs one?

It’s as simple as answering these four questions.

Tuesday, April 3, 2018

Supreme Court puts the breaks on the narrow constructions of FLSA exemptions


Photo by Coolcaesar (Own work),
via Wikimedia Commons
Yesterday, in a narrow 5-4 decision, the Supreme Court held that automobile service advisors are exempt from the FLSA’s overtime requirements.

The exemption applies to “salesmen … primarily engaged in … servicing automobiles.” The majority broadly defined these terms to hold that the plaintiffs were exempt.

And while this aspect of the decision is interesting to automobile repair shops and car dealerships, it's the opinion’s broader implications that are more interesting to me.