ADA and Batman—by Robin

March 27, 2017 0 COMMENTS

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcohol in the workplace

Alcoholism and drug addiction present complicated issues under the Americans with Disabilities Act (ADA). The ADA protects “qualified individuals with disabilities” – individuals who can perform the essential functions of their position (or the position they are seeking) with or without reasonable accommodation. “Disability” is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment.

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Office Christmas Party–strategies to avoid the legal fallout

November 10, 2016 0 COMMENTS

You may be wondering why I selected to write about a movie that is not yet in the theaters.  Truthfully, I do not need to see the movie to write about its relevance to HR issues. In fact, all that’s necessary is to read the title—Office Christmas Party.

Yes, we are in Human Resources. What that means is that when others look forward to getting dressed up and celebrating year-end with their colleagues in a laid-back social setting for which the company often spares no expense, we HR professionals get stomachaches in anticipation of the event. When others spend time at the party kicking back and enjoying a couple of cocktails at the five-hour open bar, we spend our time in a corner covering our eyes or doing damage control. While others need the next day off to nurse a nasty hangover, we HR professionals are “up and at ’em”—again doing damage control. We are the stiffs, the Grinches, the Scrooges. Even during the planning stages, the more fun the party sounds, the louder the screeches in our brain become.

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What did Ryan Lochte do? 8 tips for waterproof investigations

September 06, 2016 1 COMMENTS

Despite the conclusion of the 2016 Summer Olympics, Ryan Lochte is still “under water” with questions still looming after Rio police reports that the American gold-medal Olympian fabricated a story about being robbed at gunpoint in Brazil. Lochte initially reported that he and three other U.S. swimmersJames Feigen, Jack Conger, and Gunnar Bentzwere robbed at gunpoint as they were returning from a party.  Hand with magnifying glass.

Brazilian authorities reported a markedly different account: The American swimmers vandalized a gas station and then got into an altercation with security guards. Since the news broke, Lochte changed his tune a bit to the press and admitted that he exaggerated his initial story, but the International Olympic Committee set up a disciplinary commission to investigate Lochte and the three other U.S. swimmers. This commission will determine what consequences, if any, the swimmers will face.

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Exercise Aniston-esque restraint when analyzing offensive employee posts

February 22, 2016 0 COMMENTS

by Ed Carlstedt

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records her improprieties and delivers to her the following long-overdue payback speech:

This is what’s gonna happen. I’m going to take a two-week-long, very expensive holiday with my fiancée. Let’s call it a honeymoon. And YOU’RE going to pay for it! Then I’m going to return to a nice, rape-free workplace from now on. Because if you so much as LOOK at my sexy little a**, Julia, I will have yours locked the f*** up you CRAZY B**** WH***! Man, that felt GOOD!

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Deflategate and the power of external investigations

May 12, 2015 0 COMMENTS

After more than three months of waiting, we finally got the investigative report regarding the New England Patriots’ “Deflategate” incident that occurred during the NFL’s AFC Championship Game earlier this year. Was it worth the wait? Was the NFL’s subsequent punishment just? It’s pretty clear it depends on whom you ask.16350680255_56244e827d_o

Authored by Ted Wells and his team from the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, the investigative report (the “Wells Report”) comes in at a hefty 243 pages (with exhibits). Those who question the Wells Report point to inconsistencies and unsubstantiated conclusions that would undermine the report’s finding that “it is more probable than not” that two Patriots personnel were involved in deliberately deflating footballs and that “it is more probable than not” that quarterback Tom Brady was “at least generally aware” of these two individuals’ actions. Others find that enough circumstantial evidence exists (in the form of text messages, statements, and certain scientific data) to make such a determination.

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Fire Harry Crane

April 16, 2015 2 COMMENTS

Mad Men can be tough to watch for an employment lawyer. I was thinking of this while watching the show’s most recent episode, “New Business.” In a particularly cringe-worthy scene, Harry Crane propositions Megan under the pretense that he can help get her acting career back on track. Harry is a buffoon and a jackass, and I wondered if he was exposing the firm to potential liability. iStock_000051863008_XXXLarge

There is precedent for the theory that an employee who harasses a third party can expose his employer to vicarious liability. Twenty-five years ago, a New York trial court  famously found that a model was sexually harassed by Penthouse Enterprises, which, among other things, required her to engage in sexual activities for the benefit of the company’s business. In that case the model was quasi-employed by Penthouse, but the court pointed out that the conduct constituted intentional infliction of emotional distress as well as sexual harassment.

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‘We fixed the glitch….’

January 26, 2015 1 COMMENTS

I’m confident in this prediction: If you’ve ever held an office job, you will love Office Space. (If you haven’t seen it, get it now.) Anyone can find something in the movie that resonates. Maybe you connect with the guy who can’t bring himself to do more than 15 minutes of real work a week. Maybe you’re the one locked in a daily standoff with the fax machine. Maybe you’re like everyone in the movie under the thumb of a monotonous, soul-crushing boss.    Excuse me, I believe you have my stapler

I’m a Milton Waddams guy. Now that’s not to say I’m a mumbly guy with no apparent skills or role and a creepy fascination with my stapler (others will be the judge of that), but I can’t get enough of the guy. Milt was useless. When you watch the movie, you can’t figure out why the company hired him in the first place or why it keeps him on the payroll. In fact, some consultants in the movie looked into Milt and discovered that he actually had been laid off years before. No one ever told Milt he’d been downsized, and a “glitch” in the payroll system kept cutting him a paycheck. Therefore, Milt continued to wander aimlessly and mumble, and the company continued to shuffle him around the office with the furniture.

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