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
So, this is why I'm not a millionaire!
A study by Management professors at the London School of Economics and the University of Massachusetts has concluded that ugly people are more highly compensated than pretty people. And...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
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
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
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
It's possible to discriminate against someone of your own faith. And illegal.
Carl Smith, a Catholic, was a trainee in Philadelphia's Department of Licenses and Inspection. ...more
And here you were, reading the business news. Silly you.
Astrologer and "astro-coach" Mecca Woods (Sagittarius Sun, Aquarius Moon, Leo Rising) tells us what we can expect on the career front in 2018 based on our astrological...more
I do not think "associational discrimination" means what you think it means.
Amber Bridges, a former employee of the Magistrate's Court in the City of Indianapolis, claims she was discharged because of her association with a...more
It’s not always the employee’s fault when things go bad for an employer. Sometimes the employer has no one to blame but itself. Here are six of the most common ways employers sink their own ships....more
Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around.
Which, among other things, should include trying to make some form of restitution to his alleged victims. (None...more
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more
Asserting that the U.S. Department of Justice “must interpret Title VII as written by Congress,” the DOJ is reversing the Obama-era interpretation of Title VII, taking the position that Title VII does not prohibit...more
Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d...more
At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget...more
See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.*
*You Can’t Make This Stuff Up. (I think...more
The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it...more
In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination.
In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her...more
Is it national origin discrimination for your employer to remove you from a work assignment because your name is the same as that of a long-deceased Anglo-American who is currently out of favor?
Robert Lee, sports announcer...more
If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more
On the recent uproar involving a major, major employer and its recently-terminated employee:
No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more
Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal.
In Chapter 2 of our...more
Two court decisions came out last week that ought to scare the heck out of employers.
Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases because...more