Here are 10 quick takes.
The Equal Employment Opportunity Commission issued on Tuesday a proposed update to the Religious Discrimination section of its Compliance Manual. The current section of the Compliance Manual has not...more
11/20/2020
/ Americans with Disabilities Act (ADA) ,
Compliance Manuals ,
Equal Employment Opportunity Commission (EEOC) ,
Holidays ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Ministerial Exception ,
Reasonable Accommodation ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Workplace Harassment Guidance
This information could come in handy for employers.
The National Labor Relations Board has made public three Advice letters dealing with the two hottest topics of our times: Political activism, and COVID-19. In each case, a...more
9/18/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Duty to Bargain ,
NLRA ,
NLRB ,
Political Expression ,
Right to Peaceful Assembly ,
State Labor Laws ,
Title VII ,
UFCW ,
Unions ,
Wage and Hour
In light of his Supreme Court win in June.
The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more
8/28/2020
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Test your knowledge!
How much do you know about the rights of LGBT employees? Take our quiz and find out! As always, the answers will appear after each question, so you can cheat all you want, and we'll never know. At the...more
In a 6-3 decision written by Justice Neil Gorsuch, the U.S. Supreme Court ruled today that discrimination based on sexual orientation or gender identity is a form of “sex” discrimination prohibited by Title VII.
Justice...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
The case will go on.
And we should be getting a decision from the U.S. Supreme Court very soon.
Aimee Stephens, the individual plaintiff/intervenor in R.G. & G.R. Harris Funeral Homes v. EEOC, died yesterday of kidney...more
Almost all good news for employers.
DHILLON'S FIVE PRIORITIES-
Janet Dhillon, Chair of the U.S. Equal Employment Opportunity Commission, issued her priorities for the year 2020, and employers ought to like most of...more
A bit of impeachment/employment law trivia.
The famous (or infamous, depending on your leanings or whether you are the First Lady) Pamela Karlan, the Stanford Law professor who testified in favor of impeachment of...more
Who's the "swing vote," the "parade of horribles," and more.
I'm sorry that I haven't blogged lately, but duty called. I've missed you, dear readers!
As you all knew, the U.S. Supreme Court heard oral argument last week in...more
According to the DOJ.
I finally had a chance to read the brief of the Solicitor General in the R.G. & G.R. Harris Funeral Homes case, in which the Supreme Court will hear arguments on October 8....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
We should know today.
The U.S. Department of Justice is reportedly trying to get the Equal Employment Opportunity Commission to reverse its position on whether "sex" discrimination in Title VII encompasses LGBT...more
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
"The Justice in the bow tie."
Retired Supreme Court Justice John Paul Stevens died this week at the age of 99. He has received many tributes, and I will always remember him as the "Justice in the bow tie."...more
Mark your calendars!
Oral argument has been scheduled in two cases that will address whether Title VII prohibits discrimination based on sexual orientation or gender identity....more
7/10/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
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
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
How's your employment law history knowledge?
Happy Memorial Day weekend, everybody! In honor of the occasion, see how much you remember about these old federal employment laws that we deal with every day. As always, answers...more
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
The status, the arguments, and my predictions.
I've been waiting anxiously since September for the Supreme Court to agree to review three lower court decisions on whether LGBT discrimination violates Title VII of the Civil...more
A fun way to while away your time until the weekend officially arrives.
How much do you know about the basics of HR law? Take our quiz and find out! The usual rules apply: The answers immediately follow the questions, and I...more
A good reason to swear off gossiping at work.
In a very interesting decision from the U.S. Court of Appeals for my Fourth Circuit, a three-judge panel recently held that false rumors that a successful woman "slept her way to...more
Sort of.
On Wednesday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) affirmed summary judgment against a transgender employee who claimed discrimination under...more
Can you occasionally skip the EEOC and go straight to court if there's a really good reason?
The U.S. Supreme Court has yet to decide whether to review the LGBT cases we've had our eye on, or the salary history case....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