The worst employer of 1969

1969. Woodstock. Abbey Road. The Moon Landing.

And pregnancy discrimination.

It's not an oxymoron to be pro-civil rights AND represent management

I read a tweet last night that really angered me.

John Oliver and Anita Hill on fixing our workplace sexual harassment problem

When Anita Hill testified during Justice Clarence Thomas's confirmation hearing almost 27 years ago, the thought was that her story might be the beginning of the end of sexual harassment as a workplace problem. That clearly did not happen.

The #MeToo movement has now, once again, brought sexual harassment to forefront.

Last night, John Oliver tackled the issue on his HBO show.

WIRTW #516 (the “grand” edition)

Some things are destined to let you down. To fail to live up to the hype. The new movie that everyone is raving about. The hot restaurant that you just have to try. New Coke.

I was (ever so slightly) worried that the Grand Canyon would end up on this list. That we'd make the two-plus hour drive from our hotel in Sedona, walk up to the rim, take a gaze, and say, "Eh, it's a giant hole in the ground; let's go."

I'm happy to report that was not the case. The Grand Canyon very much lives up to its hype, its moniker, and its status as one of the seven natural wonders of the world.

Here's what I read this week:

6th Circuit offers a good reminder that the ADA is often a bilateral process

Like many people, I would love to have the time to exercise more. Life (and by life, I mean the 10 or more hours per day I'm often at work) gets in the way.

What if, however, you had the available time to exercise during the work day?

Or, for example, consider, McDonald v. UAW-GM Center for Human Resources (6th Cir. 6/21/18), which asks whether an employer is required to grant an extended lunch break as a reasonable accommodation to permit an employee to engage in disability-related exercise.

Per her employer's collective bargaining agreement, Shannon McDonald's employer permitted employees annually to elect whether to take a 60-minute lunch break, or a 30-minute lunch break with two additional non-contiguous 15-minute breaks. In 2014, McDonald opted for latter, yet kept extending her lunch by 30 minutes to exercise. She was born with Crouzon syndrome, a genetic disorder, which caused multiple surgeries over the years. She claimed that exercise helped alleviate pain from those previous surgeries.

The employer, however, caught on to McDonald's extended lunches, refused to permit her to change her annual election, and warned her that a continuing failure to follow its policy on breaks could result in discipline. It did, however, offer her an alternative. In lieu of granting an exception to her annual lunch-break election, the employer offered McDonald the option to use its exercise facility prior to the start of her shift. She refused, however, because she "would rather have been able to switch [her] lunch from a half hour to an hour," and that she did not want to "wake up early if [she] didn't have to."

Ultimately, the employer suspended McDonald. She had submitted a doctor's note asking for 60 minutes of exercise time as an accommodation. While the employer was considering the request, McDonald continued to violate its lunch break rule. That violation resulted in her suspension. While on suspension, she resigned, and sued.

The 6th Circuit affirmed the district court's dismissal of McDonald's ADA claim.

CHR never denied McDonald's request. True, her immediate supervisor told her it was not feasible and suggested alternatives. But the actual decision-makers had not yet rendered their verdict.… But McDonald didn't wait for an answer: she immediately went on personal leave after her suspension and quit just a few weeks after that. "[A]n employee cannot base a disability discrimination claim upon an employer's delay in providing a requested accommodation where the delay is due to internal processing or to events outside the employer's control."

Like many workplace issues, the ADA is a two-way street. An employee cannot claim the Act's protection by shutting down one of those lane and demanding a one-sided process.

WIRTW #515 (the “Murica – part 2” edition)

 

Thanks, Abe.

Here's what I read this week:

Discrimination

• Could forcing an employee to sign a last chance agreement lead to a retaliation claim? — via Eric Meyer's The Employer Handbook Blog
• It’s Not the Damages, It’s the Attorneys’ Fees — via Dan Schwartz's Connecticut Employment Law Blog
• How Managers, Coworkers, and HR Pressure Women to Stay Silent About Harassment — via Harvard Business Review
• Race Discrimination Based on More Than Color—“Jewish Blood” — via FisherBroyles

Technology

• Technology Plays a Part In the Employee Experience — via hr bartender
• The Practical Guide to HR Analytics — via Next Blog
  New York’s very broad cyberbullying bill 2.0 — via Walter Olson's Overlawyered
• Formal Insider Threat Risk Assessment Program Best Addresses Employee Threats to Critical Technologies — via Trade Secrets and Noncompete Blog  
• One-Third of Businesses Lack a Cybersecurity Expert — via Dark Reading
  Fifth Circuit Reverses Dismissal of Data Breach Coverage Suit Against D&O Insurer — via The D & O Diary

HR & Employee Relations

• Episode 36 – Fire Pole — via Marc Alifanz's and Dennis Westlind's Hostile Work Environment Podcast
• Traveling for Business? WeWork Will Only Reimburse Your Meals if They are Vegetarian — via Evil HR Lady, Suzanne Lucas
  Former Employee Stole $1.3 Million From The ABA — via Above the Law
• The First Amendment and Burping — via HR Hero Line
• Can You Rescind Your Resignation? Papa John's Former CEO Wants To Know — via Donna Ballman's Screw You Guys, I'm Going Home
• When are Background Checks Issued in the Hiring and Selection Process? — via Workology
• "No Poach" Recruiting Agreements Continue to Fall Across Corporate America — via The HR Capitalist, Kris Dunn
• Can Attorneys Be Liable For Directing Clients to Breach Non-Competes? One Federal Court Says Maybe — via Trading Secrets

Wage & Hour

• Auto-deducted lunch breaks land employer in hot water — via HR Dive 
• The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time — via Employment Law Lookout
• Employee or Independent Contractor? Simple as A-B-C — via Impact Litigation Journal
• Federal Circuit Affirms Dismissal of Independent Contractor Misclassification Claim — via Employment Class Action Blog

Labor

• How to Balance the Need for Surveillance Against Protected Activity? — via EntertainHR
• Hey, Hey, Hey, Goodbye: DOL Persuader Rule Nixed — via Labor Relations

OSHA & Safety

• Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint — via Workplace Safety and Health Law Blog
• West Haven bathroom conditions prompt OSHA complaint — via Workplace Safety and Environmental Law Alert Blog

Dealing with IEDs in your workplace—employees with intermittent explosive disorder

Every workplace has had THAT employee. The hothead. Someone who loses their cool at the drop of hat. Yells, screams, and is prone to fits of rage.

It should go without saying that no one should be required to be subjected to this degree of misconduct. For this reason, you may (should?) decide to separate Hothead's employment.

What happens, however, if Hothead delivers a doctor's note advising you that he or she is being treated for "intermittent explosive disorder?"

6th Circuit says full-time work is not an essential function of every full-time job

Is an employer required to permit a disabled full-time employee to work a reduced work schedule as a reasonable accommodation?

In Hostettler v. The College of Wooster [pdf], the 6th Circuit concluded that it depends on the specific position, and that an employer risks violating the ADA by declaring full-time work as an essential function of a position without analyzing the actual need for full-time work for that position.

Firing of deaf employee costs Costco a Costco-sized verdict

I've thought a lot of things walking through Costco.

Why aren't the free samples out yet?

What the heck am I going to do with 10 pounds of cheese, but damn that's a good price?

How did I just manage to spend $250?

The one thing I've never thought?

It's so loud in here; I wish the employees would speak more quietly.

Are you ready for rolling background checks of employees?

Last week, Bloomberg published an article warning businesses to get ready for rolling background checks at work — the practice of running regular background checks of existing workers in addition to the routine pre-employment screening.

I bring this story your attention not only because it's quality information, but also because it happens to quote yours truly (thanks to Mike Sasso for the interview):

WIRTW #514 (the “Happy birthday D-man” edition)

Tomorrow, this guy turns 10. Or, as he says, only 1 day left for single digits.

 

Happy Birthday Donovan!!! 🎂🎁🎈🎉

You're the funniest, sweetest, most gentle soul I know.

Here's what I read this week.

Does an employer have a duty to protect the personal information of its employees?

Consider the following scenario.

An employer discovers that an employee who worked in its information technology department had been stealing older laptop computers. Some of those computers had been used in the employer's human resources department and contained former employees' personal information (including social security numbers and drivers' license numbers), which the company collected on each employee at the time of hire.

The 13th nominee for the “worst employer of 2018” is … the murdering manager

Today's post is a lesson in how not manage a poor performing employee.

Believe it or not, it's generally considered poor employee management to attempt to motivate employees by causing them serious physical harm. It's even worse when that serious physical harm results in an employee's death.

Brett Kavanaugh, Supreme Court Justice?

The pick is in. Brett Kavanaugh is President Trump's nominee to replace Justice Kennedy on the Supreme Court.

What type of Justice will Kavanaugh be? No one really knows for sure. All we can do is read his past appellate opinions, and hypothesize.

The opinion I'm offering for your consideration is Ayissi-Etoh v. Fannie Mae, a 2013 racial harassment case that asked the question of whether one isolated yet severe incident of discriminatory conduct — "Get out of my office n***er" — can suffice to establish a hostile work environment.

No, you can't require your employee to work during an FMLA leave

Today, I examine a question I receive all too often — can an employer require an employee to work during an FMLA leave?

So as not to bury the lede, the answer is pretty strong no.

To examine this issue, let's take a look at Lay v. Louisville-Jefferson Cnty. Metro Gov't (W.D. Ky. 5/29/18).

WIRTW #513 (the “Murica” edition)

I've been reflecting this week about what it means to be American.

We used to welcome tired, poor, huddled masses, yearning to breathe free. Now we lock their children in cages.

We used to foster global democracy with our allies. Now we shun our allies and cozy up to those who seek to undermine democracy.

The 12th nominee for the “worst employer of 2018” is … the soulless supervisor

I did not intend to run back-to-back "worst employer" nominees. And then I received this reader submission (thanks Suzanne Lucas).

The headline says it all:

Manager fired after her callous texts with a mom whose son is on life support go viral

The 11th nominee for the “worst employer of 2018” is … the supervisor supremacist

Last week, I asked why anyone is still using the N-word.

Which brings us to today’s nominee for the Worst Employer of 2018, which apparently did not receive the “Thou shalt never use the N-word, ever!” memo.

WIRTW #512 (the “war pigs” edition)

I spent last Saturday night at Crocker Park, in Cleveland's western suburbs, watching Fake ID rock that luxury shopping mecca harder than I dare say it's ever been rocked before.

I could have watched Norah and her bandmates play all night long. I had to settle for an hour and 40 minutes of dad-pride.

Including this one—a scorching cover of Black Sabbath's classic, "War Pigs."


Here's what I read this week:

As our workforce ages, age discrimination is only going to worsen

Happy Golden Birthday, Age Discrimination in Employment Act.

On June 13, 2018, the ADEA turned 50.

To commemorate this milestone, the EEOC just released a report entitled The State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in Employment Act (ADEA).

Court upholds Postal Service's termination of employee over fear of "going postal"

What do you do when you learn that an employee may pose a risk of violence to your workplace?

Does your opinion change if you learn this information on the eve of the employee returning from a leave of absence for depression or other mental illness?

Mitchell v. U.S. Postal Service (6th Cir. 6/21/18) answers these questions.

Netflix demonstrates it has zero-tolerance for the N-word

Netflix has fired one of its top executives for his use of the "n-word" at work.

 

According to The Hollywood Reporter, sources say that Jonathan Friedland, Netflix's (now former) chief communications officer allegedly used the n-word in a meeting with other Netflix staffers, in which they were discussing the use of sensitive words in public relations communications. Friedland then allegedly exacerbated the problem by again using that word during a meeting with two of the company's African-American HR employees counseling him on the original incident.

Keep an eye on this 8th Circuit LGBT-discrimiation case

The 8th Circuit Court of Appeals has been asked to decide if Title VII expressly protects gay, lesbian, and bisexual employees.

The case—Horton v. Midwest Geriatric Management—involves an individual who lost his conditional job offer after, he claims, the owners of the company discovered his sexual orientation.

The 8th Circuit will be the 5th federal circuit to rule on this issue.

WIRTW #511 (the “dads” edition)

Since we just celebrated Father’s Day, I thought I’d use this space to highlight some of the best posts I read this past week about working dads:

• For Working Dads, Workflex Works — via Next Blog
• Why Workplaces Need to Be Fairer to Working Dads — via Harvard Business Review
• Five fun facts about fathers (in the workplace) — via Robin Shea’s Employment & Labor Insider
• Fathers Day offers a chance to ponder the disadvantages faced by many working dads — via Insight
• 2018’s Best & Worst States for Working Dads — via WalletHub
• Stay-At-Home Dads Still Struggle With Diapers, Drool, Stigma And Isolation — via NPR

As for my dad, he received a new fanny pack (I understand they are very much back in style; thanks, Amazon Prime, for delivering the gift four days late).

Here’s what else I read this week:

Should we require drug testing as a condition for unemployment benefits?

This is the question posed by Ohio House Bill 704.

Let's be clear. This law, if enacted, would not require drug testing as a condition for all applicants for unemployment benefits. Only those—

1. for whom there exists reasonable cause to suspect the unlawful use of a controlled substance; and 
2. whose most recent employer fired because of the unlawful use of a controlled substance.

EEOC sees no #MeToo uptick in harassment filings, but…

Earlier this month, the EEOC reconvened its Select Task Force on the Study of Harassment in the Workplace. One fact that came out of the agency’s meeting is that, according to Acting EEOC Chair Victoria Lipnic, the EEOC has yet to see an increase in sexual harassment charges in response to the #MeToo movement.

I do want to mention one other point that we have been frequently asked here at the EEOC - and that is - “have you seen an uptick in charges filed alleging harassment?” - sometimes, people ask, specifically about sexual harassment charges being filed with the agency?

Sometimes a cigar is just a cigar, and sometimes your employees make porn at work

Employees lose their jobs for lots of reason.

Including (allegedly) filming porn at work.

“Incredibles 2” is an incredible movie about working parenthood

Being a working parent is all about sacrifice. Not always being there for the small stuff. It might mean missing your daughter’s first date. Or not helping your son figure out his math homework. Or not experiencing your baby’s first word (or exhibition of superpowers).

For Elastagirl (aka Mrs. Incredible, aka Helen Parr) it means all of these things.

WIRTW #510 (the “communication breakdown” edition)

“Best Band I’ve ever heard!”
“You kids Rocked best band I’ve seen in long time. I would pay to see Fake ID again WOW”
“Could of listened to u all day. VERY IMPRESSED!”
“I was blown away by your talent! Very impressive!”

These are just a few of the comments made by folks who saw Fake ID play a killer hour-long set over the Memorial Day weekend at Ohio Bike Week. (I agree with all of the above comments, but I’m also a bit biased.)

If you are looking for something to do next Saturday evening, head to Crocker Park, in Cleveland’s western burbs, and check out Fake ID, which will be playing a free show from 5:30 – 7. They’ll be rocking the square in front of the Regal Cinema.

Here’s a taste of what you’ll see, from Ohio Bike Week.


Here’s what I read this week:

The 10th nominee for the “worst employer of 2018” is … the whitewasher

White only

If I told you that an employee hung this sign inside his workplace, you might think I was talking about 1950’s Mississippi.

I’m not. It’s 2018 Sacramento, California.

That alone would be enough to earn this employer (Vivint Solar) a nomination as the worst employer of 2018, but it’s just the tip of the racist iceberg.

Is technology the answer to your employees’ mental health problems?

The world was rocked last week, first by the suicide of Kate Spade and then by that of Anthony Bourdain. American suicide rates have skyrocketed, up 30 percent since 1999, emblematic of the larger mental-health epidemic we are facing.

Many point to the isolationism and perfection seeking created by our personal technology devices (and the social media they feed to us) as one the main causes of this epidemic.

But what if the analytical power of these devices could actually alert us to mood changes and create an earlier awareness of an impending personal mental-health crisis?

The legality of pre-certification communications with potential class members

Your nightmare as an employer has just become your reality.

A disgruntled former employee has launched a wage and hour class action lawsuit against you.

You’d like to get out ahead of the game by having your lawyers start marshaling your evidence. For example, they’d like to interview employees and gather affidavits in opposition to the eventual motion for class certification.

But can they?

NLRB clarifies its new employee handbook rules

Late last year, in Boeing Co., the NLRB rewrote more than a decade of precedent by overturning its Lutheran Heritage standard regarding when facially neutral employment policies violate the rights of employees to engage in concerted activity protected by section 7 of the National Labor Relations Act.

The Board scrapped Lutheran Heritage‘s “reasonably construe” test (a work rule violates section 7 if an employee could “reasonably construe” an infringement of their section 7 rights) with a test that balances “asserted business justifications and the invasion of employee rights” by weighing “(i) the nature and extent of the potential impact on NLRA rights, and (ii) legitimate justifications associated with the requirement(s).”

WIRTW #509 (the “he did not just say that” edition)

CNN reports that billionaire real estate magnate Sam Zell recently said the following while speaking at a real estate investment trusts trade association:

I never promoted a woman because she was a woman. I never demoted a woman because she was a woman. My issue is what do you do, what do you produce, how do you interrelate to the rest of the business. I don’t think there’s ever been a, “We gotta get more pussy on the block, OK?”

To make matters worse, this is the same guy who, eight years ago, The New York Times alleged to be running a company rampant with sexual harassment and debasement, including executives openly discussing the “sexual suitability” of female employees.

Thank you, Sam Zell, for being “Exhibit A” of why my  job here is far from over.

Here’s what I read this week:

Can and should you ban employee phone use at work?

Last night, the fam packed up the Hyman-mobile and headed out to see Jack White. It was my 7th time seeing him in any of his incarnations (White Stripes - 4; Raconteurs - 1; Solo - 2, if you’re counting), and he never disappoints. This time, however, was different in one key aspect. Jack has banned all phones from his tour. That means no in-venue selfies, no grainy photos or crunchy videos, and no one staring down at a five-inch screen instead of watching the artist on stage. It was a different, and pleasant, way to experience a concert in 2018, an experience I had not had in what feels like a decade. Instead of at least partly focusing on my phone, I focused 100 percent on the artist and his performance.

Which begs the question: can and should you ban cell phones at work?

Why is Paid Family Leave So Controversial for America?

Today, I’m happy to share my latest publication. It’s an op-ed in Workspan Magazine titled, “Why is Paid Family Leave So Controversial for America?”

When losing is really winning: SCOTUS rules in favor of bakery in gay wedding cake dispute, but…

A lot of digital ink has been spilled in the last day decrying the Supreme Court’s ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission as a win for the religious right and a step backward for LGBT rights. I was guilty of a little Twitter hyperbole myself after a quick first scan of the opinion.

Also, this does not give me a ton of hope that #SCOTUS will get LGBT employment issues right when that issue reaches them.

Then I sat down and read the opinion.

The greatest book ever written about labor relations is…

Last week I came across an article entitled, “Business Wisdom From 10 Classic Children’s Books.” Its premise is that books with the simplest language often contain the most complex ideas, and that children’s books offer us a whole lot of real-world business wisdom.

I was surprised, then, when I discovered that this list omitted the number one book ever written about labor relations—Click Clack Moo, Cows That Type.

WIRTW #508 (the “last day of school” edition)

Today is the last day of school. My almost 7th grader is so ready for summer break. Call it middle school burnout. My almost 4th grader? Not so much. He’s already prepped me for a waterfall of tears and dragging him out of school later this morning. At least he looked happy waiting for the bus.

Here’s what I read this week:

Everything you need to know about shredding documents when faced with litigation: DON’T DO IT

If you are accused of destroying evidence, and the federal judge ruling on the motion starts his opinion by quoting a John Hiatt song called “Shredding the Document,” you are in for a very, very bad litigation day.

This is exactly what happened to GMRI, Inc., the defendant in an age discrimination lawsuit brought by the EEOC in Miami, Florida. GMRI owns Seasons 52 restaurants, and if that name sounds familiar, it’s because it was my 8th nominee for the “Worst Employer of 2018.”

Who is Otis Burke?

By now you’ve almost certainly heard about ABC’s cancellation of Roseanne, after Roseanne Barr posted a racist tweet about Valerie Jarrett, President Obama’s former senior advisor.

Today, a lot of internet ink will be spilled about ABC’s swift and decisive reaction to cut the head off any potential controversy, how private-sector employees lack free speech rights at work, and why Roseanne’s after-the-fact excuse that she was Ambien-tweeting is irrelevant.

I’d like to come at this from a different angle—all of the individuals who are now unemployed because Roseanne Barr said something racist and offensive and stupid.

Including Otis Burke.

Court says that discretionary bonus cannot be the “quo” for the sexual harassment “quid”

Quid pro quo is Latin for “something for something.” In employment law, it’s a specific theory of sexual harassment—“If you do this ‘thing’ for me, I’ll do something for your job.”

In Davenport v. Edward Jones & Co., the 5th Circuit held that a allegation of an unpaid bonus might not be enough to support an ex-employee’s sexual harassment claim under a quid pro pro theory.

WIRTW #507 (the “12” edition)

Sunday is my daughter’s 12th birthday.

Happy birthday, Norah!

It's not easy being a pre-teen these days, especially as a girl. I know 11 was a hard year. And I can’t promise 12 (or 13, or 14…) will be any easier. Know that we love you, we are very proud of you (even when we’re giving you a hard time — clean your room 😉), and we are here for you no matter what, always.

Now go rock the rest of your years like you rocked the first 11.

Here’s what I read this week:

The 9th nominee for the “worst employer of 2018” is … the raging retaliator

Today, I take you to lovely Riverside County, California, home of Palm Springs, Joshua Tree National Park, the Coachella Music Festival … and the 9th nominee for the Worst Employer of 2018.

Until his termination on May 7, 2018, Andrew Yeghnazar had, since 2010, worked as the President of Blacoh Fluid Control, Inc.

What did Blacoh Fluid Control (allegedly) do to earn its nomination?

Can (or should) OSHA regulate the NFL?

Sports blog Deadspin asks: What If The NFL Were Regulated By OSHA?

Well, Deadspin, I’m glad you asked. I answered this very question over three years ago.

SCOTUS decision on class action waivers is not the epic win for employers it may seem to be

Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term, Epic Sys. Corp. v. Lewis [pdf]. The Court reconciled six years of debate between split federal circuits into a unified standard that permits the waiver of class actions via the compelled individual arbitration of employment disputes.

Harassment prevention MUST start at the top

If you did not watch 60 Minutes last night, you should. The last segment detailed pervasive and rampant sexual harassment by famed chef and tv personality Mario Batali.

And it laid much of the blame at the feet of the CEO of one of the restaurants in which Batali invested, The Spotted Pig, and its owners, Ken Friedman and April Bloomfield. The segment argues that Friedman and Bloomfield turned a blind eye to years of Batali’s sexual harassment of the female employees of their restaurant, and knowingly allowed it to continue.

WIRTW #506 (the “car … scratch … melt …” edition)

What’s your security blanket? That place you go when your soul needs a hug?

Mine is music.

Today, my security blanket grew a few sizes, because Peter Gabriel finally added his catalog to Spotify.

For many, their entrée to Peter was John Cusack, boombox aloft in Say Anything. My exposure was a half-decade earlier. Growing up in Philadelphia, I started each morning listening to John DeBella’s Morning Zoo on WMMR. And Peter Gabriel was its patron saint. So I was exposed to a lot of PG’s music in my formative years. My love for his art has never waned, even as my tastes have evolved in the decades since.

This morning, I could not wait to get in my car, plug in my phone, and fire up PG 1 (aka “Car”). I felt the slowburn of comfort as Peter sang about Moribund the Burgermeister (a decidedly dark tune about Sydenham’s chorea, historically and traditionally referred to as Saint Vitus‘ dance, a disorder characterized by rapid, uncoordinated jerking movements primarily affecting the face, hands and feet).

Don’t get me wrong; I love discovering new music (check out Courtney Barnett’s Tell Me How You Really Feel, out today). But when I need that security blanket, I always turn to the old favorites.

Here’s what I read this week:

What should you do when ICE comes knocking

“Hi, I’m your friendly neighborhood Immigration and Customs Enforcement officer. Do you mind if I come in and take a quick look at your I-9 forms”

Yesterday I discussed the nuts and bolts of the I-9 form. Today, let’s take a look at what happens when Immigration and Customs Enforcement (ICE) audits your I-9 compliance.

7 things employers must know about the I-9 Form

Photo by Nitish Meena on Unsplash

Earlier this week, the Trump administration announced that it has doubled the number of worksite investigations and audits conducted by Immigration and Customs Enforcement. Its express goal is to make sure businesses are not employing people who are in the U.S. illegally.

What is such an audit? Simply, it’s a review of business records, specifically I-9s.

In light of this news, over the next two days I’ll be taking a deeper look at employers’ obligations to comply with immigration laws. Today, we’ll examine the I-9 itself, and tomorrow we’ll discuss what to do (and, maybe more importantly, what not do) if ICE or another agency shows up at your door asking about I-9s.

The easiest way to lose an employment lawsuit

Photo by Devin Avery on Unsplash

Yeterday, I was tagged with the following question on LinkedIn:

Interested in your opinion on this.

The “this” in question was an $7.97 million verdict a jury in Fresno, California, entered in favor of a Chipotle manager fired for allegedly stealing $626 in cash from the restaurant’s safe.

The ADA’s interactive process is always a two-way street

Photo by MelanieSchwolert via Pixabay

Who has the burden of proof in an ADA reasonable accommodation case? The employee, to prove a lack of an accommodation, or the employer, to prove the unavailability of an accommodation? 

In Snapp v. BNSF Railway, the 9th Circuit Court of Appeals re-affirmed that the burden squarely rests on the shoulders of the employee.

WIRTW #505 (the “birthday” edition)

This week I celebrated two milestones.

On May 9, the Ohio Employers Law Blog turned 11 (and after 11 years I finally dropped the apostrophe; grammarians, debate).

The day prior, Loula, our beloved family pet, turned 6.

Six is a milestone age for a dog in my family. I’ve never had a dog live this long. Flyer, my beagle, passed away at 5 from autoimmune hemolytic anemia. Zoey, our lab (and our “let’s get a dog before we have kids” dog), also passed away at 5 (you can read my obituary for her here).

Thus, we’ve waited with nervous anticipation for Loula to reach the age of 6, which she did on May 8.

It was certainly a day to celebrate. She kicked back with a dog-friendly cupcake (complete with candle, and which, for the record, my wife said tastes awful), while we humans ate ice cream and serenaded her with “Happy Birthday.”

Here’s what I read this week: