An important victory for age plaintiffs.
The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a "disparate impact" claim under the federal Age Discrimination in...more
Employees talk about why they were fired. Here are the parts they may have left out.
Our old friend, the Daily Mail, had an article this week about a Whisper thread in which employees talked about the crazy reasons their...more
It's enough to make an "onionhead" weep.
A few years ago, the Equal Employment Opportunity Commission sued this employer -- who allegedly discriminated against, harassed, and retaliated against a number of employees who...more
There are probably worse ideas, but I can't think of any right now.
Legislation is pending in Minnesota (House File 4459) that would expressly remove the "severe or pervasive" requirement for a sexual harassment claim under...more
Coming soon to a nation near you.
New York State and New York City have enacted laws that require employers to provide sexual harassment training, joining California, Connecticut, and Maine....more
If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big...more
One court says yes, but it's complicated.
How quickly things change. Last week, I was all mellow about the gender pay gap.
Then, on Monday, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Rizo v....more
Do it the old-fashioned way.
Many employers are wary of taking action against a transgender applicant or employee in light of recent court decisions finding that transgender discrimination violates Title VII.
Employers...more
Career interruptions negatively affect pay. Who knew?
It's spring, and so it's time for my annual rant against media coverage and political pronouncements about the "gender pay gap....more
The classic employment law/HR mistakes will always be with us. But are you ignoring these newer issues, hoping they're just flashes in the pan? Don't be an April fool! 1. Reassessment of marijuana testing in the workplace. If...more
Don't these columnists read the papers?
The advice columnists had two big blunders this week on the topic of workplace sexual harassment....more
Sheesh.
I know I'm always preaching to employers about how not to be jerks and how to treat employees legally and fairly. But not everything is the employer's fault. How would you like to have these people working for you?...more
The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too.
Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more
Are you in the know?
Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will --...more
3/9/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
NLRB ,
Over-Time ,
Reasonable Accommodation ,
Religious Discrimination ,
Transgender ,
Wage and Hour
Incremental "tweaks" might be the best course for employers.
According to an article in Bloomberg BNA's Daily Labor Report (paid subscription required to access), employers are beginning to scale back their drug testing...more
Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday.
As I reported briefly on Monday, the U.S. Court of Appeals for the Second Circuit has decided in Zarda v. Altitude Express (aka "the...more
Today's decision (all 163 pages of it) is from the Second Circuit (Connecticut, New York, and Vermont).
This was in Zarda v. Altitude Express, the "gay skydiver case" I've written about before. I haven't had a chance to read...more
Interesting.
The National Labor Relations Board has vacated the decision of an administrative law judge on the ground that his credibility determinations "were based on sex stereotypes and demonstrated bias."
The charging...more
Have I missed any?
A recent poll of 2,000 American workers said that people have an average of about 60 bad days a year.
(People actually keep track of such things? And, define "bad.")
Of those 60-some bad days a year, 80...more
Not a lot to the EEOC's 2018-22 Strategic Enforcement Plan, but that might be good for employers.
The Equal Employment Opportunity Commission recently released its Strategic Enforcement Plan for 2018-2022.
During the Obama...more
Killin' time with Snapchat and Candy Crush during working hours.
Ed Zwim of the New York Post reports on a study showing that employees who don't have enough work to do is becoming a big problem:-
"Idle time in fact occurs...more
Workplace romance in the #MeToo era is so complicated.
NOTE FROM ROBIN: Dear Readers: In honor of Valentine's Day (this coming Wednesday), I am pleased to welcome a guest advice columnist, Dr. Loveless, who will answer all...more
An injunction of the EEOC's 2012 Guidance on use of criminal background information applies only to the State of Texas . . . but all employers might be able to make use of it.
Back in 2012, the Equal Employment Opportunity...more
Here are 10 questions to help you think it through.
The Americans with Disabilities Act requires, in appropriate circumstances, that employers make reasonable accommodations for employees with disabilities. A common question...more
After all, Fiscal Year 2017 ended just about the time that #MeToo began.
Last week, the Equal Employment Opportunity Commissions released its charge statistics for Fiscal Year 2017, which ran from October 1, 2016 through...more