Work and religion aren’t a Reese’s Peanut Butter Cup

Everyone's relationship with God — whether you call that deity God, Yahweh, Jesus, Allah, Vishnu, Buddha, the Flying Spaghetti Monster, something else, or nothing at all — is personal. I have no opinion on your spiritual relationship, as should you have none on mine. Thus, I get mad whenever someone tries to shove their religious beliefs down my throat. Not only do I not care, but I can guarantee that you will not change my mind. Proselytism is one small step removed from fanaticism, and rarely, if ever, has anything good come from religious fanaticism.

I share the above as prologue to today's discussion, which focuses on a Title VII lawsuit the EEOC recently settled with Aurora Pro Services, a North Carolina residential home service and repair company, alleged to have required employees to participate in religious prayer sessions as a condition of employment. 

WIRTW #681: the “excel-lent” edition

To be the man (or woman), you've gotta beat the man (or woman).

And to beat the man (or woman), you've gotta be really, really good at pivot tables and the xlookup function.

Earlier this morning, ESPN2 aired the Microsoft Excel World Championship.

You read that correctly — the world championship of spreadsheeting.

How in the world does one convert Microsoft Excel into a competitive sport? The answer is by tasking competitors to use Excel to solve complex puzzles. The eight contestants are provided "cases" to solve. Past examples include computing all of the possible outcomes and rewards for a slot machine or all of the possible combinations of license plate numbers. Contestants are then provided 30 minutes to answer a series of questions related to each case worth up to 1,000 points; the most points wins.

It's fascinating and compelling to watch, and I made sure to tune in before I left for work this morning. No spoilers on who won. I know you can find a replay and I want you to discover the joy of this event all on your own.

So here's my fun Friday question for everyone — If given the opportunity, what aspect of your job would you turn into a competitive sport? Mine would probably have something to do with Lexis searches … or maybe a race to make a filing deadline?

No wrong answers. Please share in the comments below.

Here's what I read this past week that you should read, too.

NLRB resets the rules on employee handbooks … yet again

Yes, we need to talk about employee handbooks and the NLRB … again. 

Yesterday, the Board decided Stericycle, Inc., and announced its 5th (at least) new and different standard in the past 25 years as to when a workplace policy (such as those in employee handbooks) violate employees' rights to engage in protected concerted activity under the National Labor Relations Act to talk between and among themselves about their terms and conditions of employment.

It's enough to give an HR practitioner or employment lawyer legal whiplash, and I'm not going to go through the history of all of these various disparate standards. If you want full history, you can read the Stericycle opinion or search the blog's archives.

What you really want, and need, is a summary of the new standard moving forward (and, as you'll soon discover, backward). Here it is.

The No Robot Bosses Act

"I, for one, welcome our robot overlords." 🙃

Consider this scenario. "You're a delivery driver and your employer's tracking algorithm determines you’re not performing up to its standards — and then sends you an email to let you know you've been fired without any warning or opportunity to speak to a human being." According to Senator Bob Casey, it is this example, along with others, that caused him to draft the the "No Robot Bosses Act."

If enacted, it would add protections for job applicants and employees related to automated decision systems and would require employers to disclose when and how these systems are being used.

Managing an overly sensitive employee

Floyd Sesson, a Black UPS parts mechanic, saw race discrimination in every turn within his workplace.

When UPS changed its policy to prohibit overtime for all parts mechanics, Sesson claimed that the policy unlawfully targeted him because of his race.

When Sesson complained to management about the overtime cuts, he claimed he further lost overtime in retaliation for his complaints.

When supervisors tried to manage Sesson, he claimed they were harassing him because of his race.

The 6th Circuit had little difficulty in affirming the dismissal of Sesson's discrimination, retaliation, and harassment lawsuit.

The time has come to legislate gluten-free food

"I'm gluten free…"

That's how my 15-year-old starts his order at every restaurant. He has Celiac disease and gets very ill anytime he eats gluten.

For the uninformed, Celiac disease is a genetic autoimmune condition that affects the gastrointestinal tract when gluten — a protein found in wheat, barley, and rye — is ingested. When someone with Celiac disease eats gluten, the lining of the small intestine is damaged. In Donovan's case he gets serious gastrointestinal symptoms, sometimes for days.

Thus, Donovan is very particular in what he eats and how he orders, as was the case last week at the Fargo Bar & Grill, a dinnertime stop we made while visiting family on the Finger Lakes last weekend.

WIRTW #680: the “walk up song” edition

Above the Law thinks that it's time for lawyers to have walk-up songs. 

History says that the walk-up song started at Old Comiskey Park in 1970, with the White Sox organist playing each player's home state song as they walked up to the plate. Over time, the tradition expanded to other ballparks and different music. 

What's the most famous walk-up song of all time? I'd argue Ricky "Wild Thing" Vaughn's "Wild Thing" (from the movie "Major League"). In real life? Mariano Rivera's "Enter Sandman"? Chase Utley's "Kashmir"? Trevor Hoffman's "Hells Bells"?

Which brings me back to the question posed by Above the Law: What would our lives be like if our own theme songs accompanied us while we work? 

It's a great question. I think mine would be "Career Opportunities" by The Clash. Driving guitar + a workplace theme = gold for this employment lawyer.

How about you? What walk-up song would you choose for your job?

Here's what I read this week that you should read, too.