Body art and tattoos in the workplace, OH MY! What does an employer do if a receptionist reports for work on Monday morning wearing several large earrings, multiple eyebrow piercings, pierced lips, tongue piercing, and a wildly inappropriate neck tattoo? The employer can remind the employee about the company’s dress code policy and ask the employee to cover the piercings and tatto however, the employee replys. “I cannot cover them up because it is required by my new church and against my religious beliefs”. The employer fires the receptionist. The employee sues. Does she win?
No, the employee loses this one. In general, employers can enforce reasonable job related workplace appearance rules if applied consistently. However, cultural or religious exemptions from a corporate dress code may apply for some eastern religions especially if they practice Ayurvedic medicine. Even the Church of Body Modification does not require that piercings remain in the body at all times. Employers should not ask if a facial piercing is linked to religious observance. An employer should inform the employee that the piercing is not permitted and against the company’s dress code. If the employee says the piercing is for religious observance, the manager should neither accept that reason at face value nor dismiss that reason at face value but instead consult with human resources.
According to a study published in the Journal of American Academy of Dermatology in June, half of people in their 20s have either a tattoo or a body piercing other than traditional earrings and 15 percent of those people have tattoos on their face, neck or hands.
The leading case on body art and tattoos is Cloutier v. Costco Wholesale, 311 F.Supp.2d 190 (D.Mass. 2004)
Showing posts with label Employment Law. Show all posts
Showing posts with label Employment Law. Show all posts
Monday, February 22, 2010
Americans with Disabilities Act ("ADA")
The Americans with Disabilities Act (“ADA”) is a federal civil rights law designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of society. The ADA applies to a person with a physical or mental impairment that substantially limits one or more major life activities (like walkering, sitting, standing, breathing, sleeping, etc). The ADA protects a person who is regarded (or treated by an employer) as if he or she has a substantially limiting impairment.
Employers with 15 or more employees are covered and required to follow the ADA. What is prohibited by the ADA is discrimination against individuals with a disability or preceived to have an impairment, discrimination against a person based on their relationship to a disabled individual, and retaliation or harassment for exercising their ADA rights.
Employers covered by the ADA have to make sure that people with disabilities have an equal opportunity to apply for jobs and to work in jobs for which they are qualified; have an equal opportunity to be promoted once they are working; have equal access to benefits and privileges of employment that are offered to other employees, such as employer-provided health insurance or training; and are not harassed because of their disability.
Major Life Activities: people who are deaf, blind, or use wheelchairs. People who have physical conditions such as epilepsy, diabetes, HIV infection or severe forms of arthritis, hypertension, or carpal tunnel syndrome may be individuals with disabilities. People with mental impairments such as major depression, bipolar (manic-depressive) disorder, and mental retardation may also be covered. Protects a person with a record of a substantially limiting impairment such as; having a history of cancer that is now in remission. Other major life activities include breathing, seeing, hearing, sitting, standing, walking, learning, lifting, bending, reading, thinking, performing manual tasks, working, circulatory and reproductive functions, and many more. The ADA protects rehabilitated drug users, drug users currently in rehabilitation and alcoholics. The ADA does not protect current users of illegal drugs that are not in rehabilitation.
Employers must provide a reasonable accommodation to a disabled individual upon request. A reasonable accommodation can be a modification that allows the person to perform the job’s essential functions. An accommodation causing an undue hardship on the employer need not be provided.
The ADA does not allow the employer to ask questions about disability or use medical examinations until after they make someone a conditional job offer. After making a job offer, the employer may ask any disability related questions and conduct medical examinations as long as they do this for everybody in the same job category. The employer may withdraw a job offer from an applicant with a disability only if it becomes clear that he or she cannot do the essential functions of the job or would pose a direct threat to the health or safety of him or others. Reasonable accommodations must be assessed to see if the person could perform the job.
The ADA strictly limits the circumstances in which employers may ask questions about disability or require medical examinations of employees. Questions and exams are only permitted by employers where the employer has a reasonable belief, based on objective evidence, that a particular employee will be unable to perform essential job functions or will pose a direct threat because of a medical condition.
If an employer violates the ADA then the employee is entitled to back pay, compensatory damages (actual damages), punitive damages (to deter), and attorney’s fees.
Employers with 15 or more employees are covered and required to follow the ADA. What is prohibited by the ADA is discrimination against individuals with a disability or preceived to have an impairment, discrimination against a person based on their relationship to a disabled individual, and retaliation or harassment for exercising their ADA rights.
Employers covered by the ADA have to make sure that people with disabilities have an equal opportunity to apply for jobs and to work in jobs for which they are qualified; have an equal opportunity to be promoted once they are working; have equal access to benefits and privileges of employment that are offered to other employees, such as employer-provided health insurance or training; and are not harassed because of their disability.
Major Life Activities: people who are deaf, blind, or use wheelchairs. People who have physical conditions such as epilepsy, diabetes, HIV infection or severe forms of arthritis, hypertension, or carpal tunnel syndrome may be individuals with disabilities. People with mental impairments such as major depression, bipolar (manic-depressive) disorder, and mental retardation may also be covered. Protects a person with a record of a substantially limiting impairment such as; having a history of cancer that is now in remission. Other major life activities include breathing, seeing, hearing, sitting, standing, walking, learning, lifting, bending, reading, thinking, performing manual tasks, working, circulatory and reproductive functions, and many more. The ADA protects rehabilitated drug users, drug users currently in rehabilitation and alcoholics. The ADA does not protect current users of illegal drugs that are not in rehabilitation.
Employers must provide a reasonable accommodation to a disabled individual upon request. A reasonable accommodation can be a modification that allows the person to perform the job’s essential functions. An accommodation causing an undue hardship on the employer need not be provided.
The ADA does not allow the employer to ask questions about disability or use medical examinations until after they make someone a conditional job offer. After making a job offer, the employer may ask any disability related questions and conduct medical examinations as long as they do this for everybody in the same job category. The employer may withdraw a job offer from an applicant with a disability only if it becomes clear that he or she cannot do the essential functions of the job or would pose a direct threat to the health or safety of him or others. Reasonable accommodations must be assessed to see if the person could perform the job.
The ADA strictly limits the circumstances in which employers may ask questions about disability or require medical examinations of employees. Questions and exams are only permitted by employers where the employer has a reasonable belief, based on objective evidence, that a particular employee will be unable to perform essential job functions or will pose a direct threat because of a medical condition.
If an employer violates the ADA then the employee is entitled to back pay, compensatory damages (actual damages), punitive damages (to deter), and attorney’s fees.
Wednesday, February 10, 2010
Ohio General Employment Law
Ohio employment is regulated by state and federal laws. Most employees in Ohio are employed as at-will-employees unless the employee has an employment contract with the employer or protected by law.
At-will-employees serve at the will of their employers. They may be terminated at any time, for no reason, or for a lawful reason, with or without notice. In the same regards, an at-will-employee is free to quit their job at anytime for any reason or no reason, with or without notice.
Employee handbooks may or may not give you more rights in relationship to your at-will-employment. A wise employee will always check the employee handbook for additional information on severance, firing policy, hiring policy, and disciplinary policies.
Employees are generally entitled to a "reasonable expectation" of privacy. The American with Disabilities Act (ADA), the Drug-Free Workplace Act, and the Federal Employee Polygraph Protection Act are laws that affect workplace privacy.
The Fair Labor Standards Act (FLSA) establish minimum wage, overtime pay, and record keeping affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The Ohio Wage and Hour Bureau of the Ohio Department of Commerce enforces Ohio minimum wage, child labor, and prevailing wage laws. Ohio Revised Code section 4115 applies specifically to construction projects.
At-will-employees serve at the will of their employers. They may be terminated at any time, for no reason, or for a lawful reason, with or without notice. In the same regards, an at-will-employee is free to quit their job at anytime for any reason or no reason, with or without notice.
Employee handbooks may or may not give you more rights in relationship to your at-will-employment. A wise employee will always check the employee handbook for additional information on severance, firing policy, hiring policy, and disciplinary policies.
Employees are generally entitled to a "reasonable expectation" of privacy. The American with Disabilities Act (ADA), the Drug-Free Workplace Act, and the Federal Employee Polygraph Protection Act are laws that affect workplace privacy.
The Fair Labor Standards Act (FLSA) establish minimum wage, overtime pay, and record keeping affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The Ohio Wage and Hour Bureau of the Ohio Department of Commerce enforces Ohio minimum wage, child labor, and prevailing wage laws. Ohio Revised Code section 4115 applies specifically to construction projects.
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