Workplace vandalism is so . . . brick and mortar.
An employer recently posted a vacant job online. Some people applied for the jobs, and some of them were African-American women. ...more
An argument can be made.
To get a legally valid release of age discrimination claims under federal law, the release must be "knowing and voluntary." The federal Older Workers Benefit Protection Act says that a release of age...more
And the ex-employee gets a jury trial.
A federal court denied summary judgment to an employer in a failure-to-accommodate case brought under the Americans with Disabilities Act and Oregon state law, and the case is chock...more
When does crude language cross the line and become unlawful harassment?
A court decision from this week reminded me about this issue, which I’ve been thinking about and discussing in harassment training for a long time (but...more
Hively v. Ivy Tech is ovah!
Hively v. Ivy Tech, one of the big sexual orientation bias cases I've been following for years, has recently settled. The terms of the settlement are not disclosed....more
A study says so. Therefore, it must be true!
Are you concerned about the gender pay gap? Better act fast. According to an article in The New York Times, the pay gap starts way before men and women enter the work force....more
I'm don't quite agree with the legal analysis, but I agree with the principle.
This week, Greg Giangrande, @Work advice columnist for the New York Post, had a situation that drives me crazy as an employer's lawyer. ...more
But will the EEOC be allowed to defend?
This should be interesting. You probably remember the case of EEOC v. R.G. & G.R. Harris Funeral Homes, involving the termination of a Detroit-area transgender funeral home director....more
And one judge is not pleased.
You may recall that in March 2017, a panel of the U.S. Court of Appeals for the Eleventh Circuit ruled 2-1 that Title VII did not prohibit discrimination based on sexual orientation. Judge Robin...more
Pow! Pow! Pow!
The College of Wooster, in Wooster, Ohio (student body approx. 2,000), is going to have to go to trial on a triple whammy of pregnancy discrimination, failure to accommodate a disability, and violations of the...more
"Zero tolerance" is too blunt an instrument, and it may even increase bad behavior.
Chai Feldblum, a Democratic Commissioner of the Equal Employment Opportunity Commission, was quoted this week as saying that "zero...more
"No more of your flimsy excuses! Get back to work!"
Last week, while I was consumed with assessing the candidates for the Supreme Court nomination that went to Judge Brett Kavanaugh, this happened....more
Afraid that your dress code will cause your employees to up and quit? Gentle Reader, you've come to the right place.
Dear Miss Mannerly:-
I am an HR Manager for a major metropolitan employer....more
According to a very scientific survey.
A survey conducted by a sex toy store says that 1 in 10 employees have done the deed in the workplace. Of those randy workers, 1 in 5 have been caught "in the act." ...more
Whenever I think I've heard everything, I hear something else.
A federal judge allowed a wrongful discharge lawsuit to go forward, and the dispute is about bed bugs....more
Do dads have any rights in the workplace? You bet!
Happy Father's Day weekend to all of you dads, and to all of you who have dads, which I believe covers us all. In honor of the occasion, here are five fun facts about...more
Two states and D.C., plus a number of local governments, will increase their minimum wages on July 1.
Effective Sunday, July 1, the legal "general" minimum wages for private sector employees will increase in these...more
It's probably coming, but it's not here yet.
The EEOC's Select Task Force on the Study of Harassment in the Workplace met this week. According to the press release of the Equal Employment Opportunity Commission, not much...more
Workplace rules are back, baby!
Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a Memorandum on Wednesday that employers should love. ...more
Here are seven things that every employer should know.
The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more
The state Civil Rights Commission broadens its interpretation of "sex discrimination."
The Michigan Civil Rights Commission voted on Monday to interpret the state's civil rights statute, the Elliott-Larsen Civil Rights Act,...more
How much do you know about this old legal concept?
Happy Memorial Day weekend, everybody! Before you head off to your holiday festivities or observances, you can test your knowledge about "employment at will."...more
I'm gonna say no.
But yes, if you believe Katherine Goldstein of The New York Times. In "The Open Secret of Anti-Mom Bias at Work," she provides an anecdote about a female, feminist boss -- of all people -- who fired a...more
It's all pretty good news for employers.
On Wednesday, the federal government issued its 2018 unified regulatory agenda, and the following items will be especially noteworthy to most employers:-...more
How much do you really know, from an HR standpoint?
It's time for another employment law quiz! I wanted to do one in honor of Mother's Day, but I couldn't top the one I did last year. (If you missed it then, here's the...more