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
Hanukkah doesn't end until sundown tonight, and it's two weeks until Christmas. But Greg Giangrande of the "@work" column in the New York Post already has someone who made a big mistake at a workplace holiday party...more
This case makes my head hurt.
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled 2-1 this week that an employer's withdrawal of a job offer to an nurse who had requested a religious accommodation was not...more
So much for our brave new world.
Artificial intelligence to sort through piles of employment applications and resumes in an instant -- free of human error, clean and unbiased -- great idea! What could go wrong?...more
A new lawsuit filed by the EEOC is a good guide for employers on what not to do.
The Equal Employment Opportunity Commission has filed a class action lawsuit in federal court in New York against a group of senior care and...more
You have an employee, Daisy, who is honest as the day is long, but very sensitive. You find out that she reported you to Human Resources because you told her (in a nice, appropriate way) that you liked the dress she was...more
Only in America.
Oh, wait. This is Canada. (For once.) -
Christine Schell, a former employee of the Osoyoos Golf Club in Osoyoos, British Columbia (a lovely spot just north of the Washington State border), was allegedly...more
What better way to start the Labor Day weekend than with a drug test?
Er, I meant a quiz about drug testing.
Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...more
Paul Flart, former hospital cop and current Instagram sensation.
Doug, stage name "Paul Flart," made himself a star by recording himself passing gas while at work as a hospital security guard. But Mr. Flart apparently made...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
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
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
Sesame seed bagels are better, anyway. :-)
It's well known in drug testing circles that poppy seeds can make a person test positive for opiates....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
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
This makes me want to cry.
For joy. I am not being sarcastic. Even though they are sometimes a necessary evil, nobody likes layoffs or reductions in force....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
Another federal appeals court will soon decide whether Title VII prohibits sexual orientation discrimination.
Right now, we have three U.S. appeals court decisions directly addressing whether the Title VII ban on sex...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
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
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
What a maroon.
One of the oldest tricks in the book for trying to foil a drug test is to get someone else's "clean" sample of urine and substitute it for your own, "dirty," sample....more
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