HR people, you know what I'm talking about.
Sharks, vampires, tornadoes, heights, and evil clowns are scary. But sometimes the scariest thing to a management-side lawyer is what employers themselves say. Here are 10 things...more
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
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
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
Take care of yourself!
In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You'd rather binge-watch Seasons 1-3 of Stranger Things than go for a...more
How much do you know about the rights of dads in the workplace? Take our quiz and find out! As always, the answers appear immediately after the questions, so you can cheat all you want, as long as your cheating doesn't...more
What the Supreme Court's decision in Fort Bend really means.
As you may have heard, the U.S. Supreme Court has allowed a plaintiff to proceed with a Title VII religious discrimination lawsuit even though she didn't file a...more
6/7/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
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
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
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
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
Yes, that is possible.
Suppose you're a small local employer whose employees are not entitled to overtime under the federal Fair Labor Standards Act.
OK, not very likely, but theoretically it could happen. ...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
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
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
Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last...more
This should have been an open-and-shut case. For the employer, that is, not the employee.
Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a...more
Employers should beware of being too quick to believe an employee who accuses a co-worker of wrongdoing. If the accuser has an illegal motive (such as discrimination or retaliation), and if the employer is “negligent” in...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
Glad that’s settled....more
This is the final installment of my analysis of the EEOC’s recently issued proposed Enforcement Guidance on Retaliation and Related Issues. Here are Part One (“You gotta be protected!”) and Part Two (“Was your employment...more
What’s a “materially adverse employment action”? This is the second part in what should be a three-part series (it’s possible that we’ll need four) on the proposed Enforcement Guidance on Retaliation and Related Issues...more
The Equal Employment Opportunity Commission issued last week a proposed Enforcement Guidance on Retaliation and Related Issues that would update guidance issued in 1998. If you’re an in-house attorney or a Human Resources...more
You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back....more
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more
10/30/2015
/ Americans with Disabilities Act (ADA) ,
Background Checks ,
Conciliation ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
Immigrants ,
LGBTQ ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Sex Discrimination