Two recent court decisions shed some light.
Two decisions in reverse discrimination cases came down this week from the U.S. Court of Appeals for the Seventh Circuit. In one case, a three-judge panel found in favor of the...more
Be the first employer on the block to have one!
The U.S. Equal Employment Opportunity Commission has issued a new poster, intended to replace the old (as of yesterday) "Equal Employment Opportunity Is the Law" poster....more
And opens up a can of worms.
In June 2021, the Equal Employment Opportunity Commission (or, to be more precise, EEOC Chair Charlotte Burrows, a Democrat*) issued non-binding guidance about LGBT workers. ...more
Probably. Employers, get ready.
Will EEOC lawyers do an end run around the EEOC commissioners? If so, employers are likely to see more lawsuits with the EEOC as a plaintiff, which is never a good thing....more
Plans for the "new" EEOC.
As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more
A new series.
NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
3/25/2022
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
GINA ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour
With emphasis on the pandemic.
On Monday, the Equal Employment Opportunity Commission issued updated guidance on “caregiver discrimination” in the workplace. The guidance emphasizes pandemic-related issues, but it is not...more
How could something so convenient be so risky?
Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more
I have written many, many, many, many times about the transgender funeral director who was terminated from her job after she told the owner that she would begin presenting as a female.
The Equal Employment Opportunity...more
The EEOC has started issuing right-to-sue letters again.
The Equal Employment Opportunity Commission announced this week that it had resumed issuing "right-to-sue" letters.
Issuance of the letters, which give charging...more
Back for 2020!
NOTE FROM ROBIN: For the past two years, Employment & Labor Insider has been honored to feature a guest Valentine's post from the renowned advice columnist Dr. Loveless. I am delighted to announce that the...more
Almost all good news for employers.
DHILLON'S FIVE PRIORITIES-
Janet Dhillon, Chair of the U.S. Equal Employment Opportunity Commission, issued her priorities for the year 2020, and employers ought to like most of...more
"It could have been worse" edition.
This year was kind of meh from an employment law standpoint. But if Tiny Tim could be grateful despite all that he had to go through, then, by golly, I can be grateful for a mediocre year!...more
How can I sue thee? Let me count the ways.
Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were-
Discrimination (not only unlawful discrimination, but...more
7/26/2019
/ Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Harassment ,
Hiring & Firing ,
Marijuana ,
Medical Leave ,
Reasonable Accommodation ,
Termination ,
Wage and Hour
Not sure I'm buying it.
Two out of three judges on a panel from my own U.S. Court of Appeals for the Fourth Circuit recently affirmed a jury verdict in favor of a woman who claimed that she was terminated because of her age....more
SMH. The following is a true story.
On Monday afternoon, I was on the phone with a TV news producer who was interested in doing a story on recruiters who discriminate....more
Most charges were down, but sex harassment, LGBT charges were up.
On Wednesday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through...more
New Jersey Governor Phil Murphy (D) signed into law last month legislation that bans nondisclosure agreements in cases alleging discrimination, retaliation, or harassment.
More precisely, what the law does is say that...more
I see some bombs tucked away in there.
The U.S. Equal Employment Opportunity Commission issued proposed regulations that were published in today's Federal Register....more
Another chapter in a continuing saga.
I've written three times about Dale Kleber, the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company.
Mr. Kleber, who...more
Can you occasionally skip the EEOC and go straight to court if there's a really good reason?
The U.S. Supreme Court has yet to decide whether to review the LGBT cases we've had our eye on, or the salary history case....more
The decision could be a big help to recruiters, staffing companies, and employment agencies.
When might a recruiter be liable for a discriminatory hiring decision?...more
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
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