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In Retaliation Cases, Timing Is Everything.

Or almost everything. Employers, has this ever happened to you? You have a lousy employee, whom we'll call "Igor." You've been meaning to do something about Igor for a while but just haven't gotten around to it....more

An Employer Between A Rock And A Hard Place

And you thought you had problems! A medical clinic in the St. Louis area had two employees (among others, I presume). "Rose" was African-American. "Daisy" (race unknown) had a disability. ...more

Hone Your Firing Skills!

Through the miracle of virtual reality. Do you feel awkward when you have to fire an employee? Guilty? Nervous? Gleeful, you sick person?...more

People Are Weird.

It's easier to lose your job if your replacement is a robot. In an interesting bit of industrial psychology, a study led by the Technical University of Munich (Germany) found that most people (60 percent) would find it...more

EEOC Takes A Hit In Criminal Background Case

No legal authority to issue its Enforcement Guidance! In February 2018, I wrote about a federal court decision that enjoined (prohibited) the Equal Employment Opportunity Commission from taking any action to enforce its 2012...more

Reference Info Comes Back To Bite Ex-Employer

A tough situation. Could it have been handled better? The Pennsylvania Department of Insurance will be going to trial in a retaliation case involving reference information it provided for a former employee....more

Ten Ways Employers Get Themselves Sued (Part Two)

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

"This Week (Or Thereabouts) In Employment Law" Quiz

Happy holiday weekend! With the Fourth of July approaching, we will go out with a bang. How much do you know about employment law in the news from this week or so? Take our quiz and find out! As always, the answers appear...more

Another court says obesity is not a "disability": Employment & Labor Insider

The U.S. Court of Appeals for the Seventh Circuit ruled this week that severe obesity is not a "disability" within the meaning of the Americans with Disabilities Act unless it is caused by a physiological disorder....more

Sex Addiction Is No Defense To Bathroom "DIY"

Eww. In Canada, sex addiction is apparently not a disability. (Whether it is under the Americans with Disabilities Act remains to be seen, but I don't think so.) A labor arbitrator has upheld the termination of an employee...more

This Is Evidence Of Age Discrimination?

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

"Moms In The Workplace" Quiz!

And dads get to play, too. After all, we wouldn't be moms without you! ;-) Happy Mother's Day weekend! How much do you know about moms in the workplace? Take our quiz and find out! As always, the answers appear at the end...more

Do Heterosexuals Have Title VII Rights? Part Two.

Court says no, in one of the weirdest cases ever. In January, I blogged about the very strange case of O'Brien v. Industrial Service Solutions. The plaintiff was a Human Resources Manager who saw a transgender woman in the...more

Help Wanted - "Preferably Caucasian"?

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

Horribly Sexist, Or fantastic HR?

Apply it to everybody, and you've got something. Someone recently got hold of a 1940s supervisor manual from Radio Corporation of America (later, RCA Corporation, and now broken up with the parts dissolved or absorbed by...more

When Monitoring Employees' Computer Activity, Don't Overreach.

Know where your rights as an employer begin and end. A federal judge refused this week to dismiss a "cyber privacy" lawsuit, providing some good lessons for employers....more

"This Week In Employment Law" Quiz!

And happy St. Patrick's Day weekend! How much were you paying attention to employment law news this week? Take our quiz, and find out! As always, the answers appear at the end of each question, and if you cheat, I'll never...more

Another Caution For Employers In Medical Marijuana States

A positive test may not equate to impairment. Those of us who have spent a lot of time in the world of drugs (gee, that doesn't sound right) know that marijuana stays in the body for weeks. ...more

Dr. Loveless Is Back For Valentine's Day 2019!

And ready to answer all of your workplace romance questions. NOTE FROM ROBIN: Last year, in honor of Valentine's Day, we had a guest post by advice columnist Dr. Loveless. I am delighted to announce that the "Doctor is in...more

Six Legal Traps For "Red State" Employers

Even if your state is "easy," don't relax. It seems like all we ever read about is those more activist "blue states" -- California, Illinois, Massachusetts, New Jersey, New York . . . If you're an employer in a more...more

In Light Of Recent Events

A PR statement employers may want to save for a rainy day. FOR IMMEDIATE RELEASE - Date: TBD (embargo until needed) - Contact: Corporate Communications Director ...more

No "Disparate Impact" Claim For Older Applicants, Court Says

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

Do heterosexuals have Title VII rights?

Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing...more

Has Morale Improved Yet?

Employer of the month. Staff at a hair salon in Wuxi in Jiangsu province, China, were expected to sell a quota of hair products each day....more

Workplace Christmas Quiz!

Happy holidays, with an employment law twist. 1-Macy’s parade Santa Claus was fired and replaced by Kris Kringle after he drank too much and got tangled up in his whip. The original Miracle on 34th Street was made in 1947,...more

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