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.”