DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.
Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly,...more
This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more
I’ve written about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and...more
The employment law week in Trumpland started out a little slow, but now we’re back in business.
Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for...more
President Trump’s Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I’ve now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he criticizes the Chevron...more
How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do?
This is my third and final installment on the proposed...more
Law360 reported yesterday that Victoria Lipnic, who has served as one of the two Republican Commissioners of the Equal Employment Opportunity Commission during the Obama Administration, has been appointed by President Trump...more
Last week, I shared with you what I didn’t like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment.
Well, this is warm-and-fuzzy week. Moving on to the parts of...more
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from...more
A federal judge in the District of Columbia has denied the AARP’s request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules —...more
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too.
BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department...more
11/23/2016
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
LGBTQ ,
Persuader Rules ,
Sexual Orientation Discrimination ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Was the EEOC more laid-back this past fiscal year than it was in FY15?
The U.S. Equal Employment Opportunity Commission issued its Fiscal Year 2016 Performance Report this week (here’s the press release, in case you don’t...more
Feeling whipsawed?
Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not...more
The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect.
We have the two lawsuits against the U.S....more
As we knew it would, the Equal Employment Opportunity Commission has appealed the decision of Judge Sean Cox, who granted summary judgment to a Detroit-area funeral home chain in a transgender discrimination case....more
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was...more
Onionhead is this incredibly pure, wise and adorable character who teaches us how to name it – claim it – tame it – aim it. He wants everyone to know how they feel and then know what to do with those feelings. He helps us...more
The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this...more
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great.
Small businesses, which may be just below...more
Employers, imagine that a retaliation charge has been filed against your company. What can you do to make the EEOC investigator love you?
Late last week, the Equal Employment Opportunity Commission issued its final...more
Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but...more
Remember EEOC v. R.G. & G.R. Harris Funeral Homes? This was the transgender discrimination case brought by the Equal Employment Opportunity Commission against a suburban Detroit funeral home chain for allegedly discriminating...more
Is wearing a “Don’t Tread on Me” cap to work a form of racial harassment?
According to the Equal Employment Opportunity Commission, it could be, even though the EEOC acknowledges that the Gadsden Flag “originated in the...more
The U.S. Court of Appeals for the Seventh Circuit decided last week in Hively v. Ivy Tech Community College that sexual orientation discrimination is not prohibited by Title VII, consistent with a long line of appellate court...more
Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC’s older Q&A and Best Practices on religious...more