Tuesday, September 17, 2019

It’s illegal to refuse to hire men, even if you’re a sex store


The EEOC has sued Sactacular Holdings, LLC d/b/a Adam & Eve for sex discrimination for refusing to hire male applicants. What is Adam & Eve? The EEOC’s news release describes it as a “North Carolina limited liability company.” The more accurate description? According to its (NSFW) website, it’s “the leader in the lingerie and adult boutique market.”

How did it discriminate?

Monday, September 16, 2019

Employee fired for stacking his intermittent FMLA leave with vacation days loses retaliation claim


Kevin LaBelle, a lab technician for Cleveland Cliffs, took occasional days off from work for approved intermittent FMLA leave for flare-ups related to a shoulder injury. His employer noticed that LaBelle seems to always take his FMLA leave by combining it with scheduled days off and vacation days.

Friday, September 13, 2019

WIRTW #568 (the “work songs, vol. 1” edition)


Today, I thought I’d take a look at some of the best songs ever written about working. Here are my first five. (These are not necessarily the “top 5,” and are not in any particular order; they are just the five that came to mind.)

They hurt you at home, and they hit you at school
They hate you if you’re clever, and they despise a fool
Till you’re so fucking crazy, you can’t follow their rules
A working class hero is something to be

A working class hero is something to be


It’s a rich man’s game
No matter what they call it
And you spend your life
Putting money in his wallet
Working 9 to 5
What a way to make a living


Now I’ve made a living out of shaking my ass
And if you offer me an office, I’d have to pass

But our jobs are all jobs, and sometimes they suck
I love what I do, and I’ve had pretty good luck


And if your train’s on time, you can get to work by nine
And start your slavin’ jobs and get your pay

If you ever get annoyed, look at me, I’m self-employed
I love to work at nothing all day


Oi!
Bus driver
Ambulance man
Ticket inspector
I don’t understand


What songs would you add to my list? Drop a comment below and let me know.

Here’s what I read this week:

Thursday, September 12, 2019

It’s hard to win a lawsuit when you admit you don’t have a case


James Scott’s employer fired him for accumulating 10 points under its no-fault attendance policy. He claimed FMLA retaliation, alleging that his employer unlawfully assessed some of his points while he was taking FMLA-protected leave to care for his ill wife.

At his deposition, however, Scott admitted that the FMLA had nothing whatsoever to do with his termination.

Wednesday, September 11, 2019

When alcohol is involved, the ADA distinguishes between “having a disability” and “disability-related misconduct”


Alcoholism is an ADA-protected disability. Yet, the ADA does not require that employers accommodate alcoholics by permitting them to drink, or otherwise be intoxicated, on the job.

Case in point? Dennis v. Fitzsimmons (D. Col. 9/5/19).

Tuesday, September 10, 2019

The supposed #MeToo backlash is just discrimination by another name


A recent study suggests that there has been a backlash against the #MeToo movement.

According to  the Harvard Business Review, men have are treating their females co-workers differently because of #MeToo.

  • 19% of men said they were reluctant to hire attractive women
  • 21% said they were reluctant to hire women for jobs involving close interactions with men
  • 27% said they avoided one-on-one meetings with female colleagues

Monday, September 9, 2019

NLRB asks for help to overturn some really $%#^ bad decisions


“Bob is such a NASTY MOTHER FUCKER don’t know how to talk to people!!!!!! Fuck his mother and his entire fucking family!!!! What a LOSER!!!!”

“Hey, did you bring enough KFC for everyone?” “Go back to Africa, you bunch of fucking losers.” “Hey anybody smell that? I smell fried chicken and watermelon.”

You’d think that if any of your employees lobbed any of these bombs at a supervisor or coworker, you’d have no legal issue if you fired them. And you’d be right … usually.