Posts from October 2015.

Yesterday, the Equal Employment Opportunity Commission issued a proposed rule on wellness programs and the Genetic Information Non-Discrimination Act. Here is the proposed rule, and here is the EEOC's press release. A few months ago, the agency issued a proposed rule on wellness programs and the Americans with Disabilities Act, which I discussed here.

According to the EEOC press ...

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.David Lopez.EEOC photo

The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination and is seeking $18 million. We're providing regular coverage and analysis of the jury trial, which has been going on for several weeks. If you are just joining us, you can find the links to my prior coverage of the trial at the end of this post.

Whatever ...

Bill Cosby.flickrCC.MikeLicht
"Everybody can say whatever they want about me, but I can't say anything back without getting sued?"

"Drag a $100 bill through a trailer park, you never know what you'll find."

"Every word she writes is a lie, including 'and' and 'the.'"

"Did NOT!"

Can a denial open you up for a defamation suit? Apparently.

This is essentially what recently happened to Bill Cosby. Three women ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination and is seeking $18 million. We're providing regular coverage and analysis of the jury trial, which is expected to last about another week. For the background on what the case is all about, go here. For the testimony of Mr. Simers' psychiatrist, go here. For ...

Mike Haberman of the HR Observations blog was our gracious host for the October Halloween Employment Law Blog Carnival: Scary and Frightening edition. It's a trick-or-treat bag full of outstanding posts by the cream of the employment law and HR bloggers. If you miss it, it'll be a terror!

(Thanks very much to Mike for hosting, and thanks as always to our favorite "carnie," Eric Meyer of ...

Happy Boss's Day to all you bosses out there! In honor of the occasion, I reflected on all of the people who have bossed me around throughout my life (very few of whomWorld's Best Boss.flickrCC.KumarApaiah were my employers, yuk-yuk). Seriously, at every stage of my working life, my best bosses had some or all of these character traits.

No. 1 - He's a mentor-teacher. We learn from good bosses, whether we're a ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination and is seeking $18 million. We're providing regular coverage and analysis of the jury trial, which is expected to last about two more weeks. For the background on what the case is all about, go here. For the testimony of Mr. Simers' psychiatrist, go here

In California, marijuana has gone from being an illegal drug to beingMarijuana Green Light.flickrCC.AlejandroForeroCuervo big business.

Last week Governor Jerry Brown signed into law three pieces of legislation (AB 243, AB 266, and SB 643) aimed at regulating the $1.3 billion medical marijuana industry in the state. The legislation, collectively called the Medical Marijuana Regulation and Safety Act, will take effect January 1, 2018 ...

Judge Judy.flickrCC.Jena.Fuller
"Counsel, you are NOT helping your case."

One of the marks of a good trial lawyer is knowing when to sit down and shut up.

Maybe these lawyers knew that, and were just desperate.

CorpCar Services of Houston (Texas) lost a racial harassment lawsuit filed by two employees based on a dancing gorilla (played by a white woman) who was hired to "entertain" at a mandatory safety meeting. The ...

They'll be sorry . . . 

Woman covering mouth.flickrCC.Sarah
"You don't know what you're saying!"

Marriage therapists are now advocating the use of "performance reviews" by spouses, according to an article in Monday's Wall Street Journal. "By taking time to regularly evaluate and review their relationship together," reporter Elizabeth Bernstein says, "partners can recognize what is and isn't working -- and identify ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination. We're providing regular coverage of the jury trial, which is expected to last about three more weeks. For the background on what the case is all about, go here. For the testimony of Mr. Simers' psychiatrist last  week, go here. For a roundup of all of ...

Betty Davis
Betty Davis, 4/3/32-9/29/15

We are very sorry to report that Betty Davis, a dear colleague and friend, passed away unexpectedly on Tuesday, September 29. She was 83.

Betty, originally from Vidalia, Georgia, started her career with the Federal Bureau of Investigation in New York City, and began working for "the original Constangy" (Constangy & Prowell) in Atlanta as a legal secretary ...

Young v. UPS is ovah!

Law360 reported this morning that Peggy Young and United Parcel Service have settled their pregnancy discrimination/accommodation case that went to the Supreme Court, resulting in this decision from last March. The Supreme Court had found in Ms. Young's favor for the most part, but remanded the case so that the lower court could make findings applying the Supreme ...

If the AARP can't win summary judgment in an age discrimination case, then who can?

OldMan.flickrCC.ErinNekervis
"Me? Discriminate? Only against the young!"

Who'd believe that the American Association of Retired Persons would fire somebody because she was too old?

Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination. We're providing regular coverage of the jury trial, which is expected to last about four more weeks. For the background on Mr. Simers' termination, go here. For the testimony of Mr. Simers' psychiatrist earlier this week, go here.

Duel of the ...

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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