Posts from September 2015.

This case may have some problems, but it's a good illustration of why employers need to be careful, post-Young v. UPS. Thanks very much to Bill Goren for sending it my way.Pregnant_woman

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the ...

Our continuing coverage of the T.J. Simers age and disability discrimination trial . . . er . . . continues.

The psychiatrist for sports columnist T.J. Simers testified yesterday that Mr. Simers has majorCracker Jack.flickrCC.MikeMozart depressive disorder and general anxiety as a result of his demotion by the Los Angeles Times.

Mr. Simers is suing the Times for age and disability discrimination in connection with his ...

Late last week, the Utah Supreme Court decided that an employer who terminates an employee for acting in self-defense can be liable for wrongful discharge, if

The employee "reasonably believes that force is necessary to defend against an imminent threat of serious bodily harm," and

The employee has no opportunity to withdraw.

Self-Defense Class.flickrCC.Rosey-OR
"Can you deal with THIS!"

The case, Ray v. Wal-Mart ...

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender woman.

The Defendants, represented by the Alliance Defending Freedom, had served discovery on the EEOC, seeking intimate details about Ms. Stephens's ...

Buy me some peanuts and Cracker Jack, baby!

The other day, I tweeted about an age and disability discrimination trial going on in Los Angeles (thanks to Law360, whose coverage made me aware of the case).Cracker Jack.flickrCC.MikeMozart

T.J. Simers, a notorious well-known former sports columnist for the Los Angeles Times, has sued the owners of the Times, contending that he was let go in 2013 because of his age (then in his ...

I've been vacationing by the shores of Gitche-Gumee this week, so I'm trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before I left. With apologies to John Oliver, let's just call it "Last Week Today." (Hey! I'm on vacation!)

IMG_0689
Miner's Castle, Pictured Rocks National ...

9-11 Memorial 2012.flickrCC.GlynLowe
Gone, but never forgotten.

Image Credit: From flickr, Creative Commons license, by GlynLowe.com.

A heartwarming tale for the coming Rosh Hashanah holiday . . .

Rosh Hashana.flickrCC.Karen
Now, THERE's the Rosh Hashanah spirit!

In the course of arranging for an on-site inspection related to a worker injury lawsuit, Attorney Bailey (counsel for the defendant) wrote a letter to opposing counsel, Attorney Dinhofer, confirming that the on-site would take place on September 14.

Attorney Bailey ...

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony?

That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following:

  • Nothing
  • Issue 8 bazillion warnings but never act on them
  • Offer a demotion, or a transfer to a less demanding job
  • Let the employee ...

The Equal Employment Opportunity Commission has been ordered to pay $938,771 in attorneys' fees to Freeman after getting its clock cleaned in that lawsuit it filed over background checks and disparate impact based on race and ethnicity. (Freeman had asked for more than $1.5 million.)

In better news for the EEOC, it settled its background-check case against BMW for $1.6 million ...

This is my "Labor Day" post. (hehe)

Maternity Ward.flickrCC.MikeKline
You see, she's in labor . . . and she's laboring . . . do I have to draw a picture?

Yahoo's CEO Marissa Mayer announced this week that she is expecting twin girls, and Yahoo's stock reportedly took an immediate dive. (H8rs!) Mayer said that she plans to take only two weeks off, and she can probably manage that because she has a nice nursery right off her CEO ...

From the annals of "Oh, no - I didn't -" . . .

The Winston-Salem Journal (my hometown paper - yay!) reports that a company is suing a former employee in the North Carolina Business Court for breach of his confidentiality and non-compete agreements.*

*The article ran in the Winston-Salem Journal but was written by a reporter from the Greensboro News & Record.

Douglas Poling was fired by Evo ...

Bless their hearts.

Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don't believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay more than half a million dollars to an employee who retired rather than have his hand scanned by a biometric screener, which he believed was ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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