Posts from January 2016.

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 professional, I recommend that you read the whole thing. But to keep things digestible on this blog, I'm going to do a series of posts (three in all, I think, but I ...

Our inaugural edition of Class Action Outlook, a quarterly publication for employers on class and collective action litigation, is out, and you will not want to miss it! In order of appearance, we have Naveen Kabir on the Tyson Foods overtime collective action pending at the Supreme Court, Kate Scarbrough on the Supreme Court's recent Gomez decision, Heidi Wilbur on the Spokeo class ...

PoleDancer.flickrCC.DeniseAllen
"Lawyers, be like me!"

Above The Law is, for the most part, a trash legal-gossip blog with the funniest, nastiest bunch of commenters anywhere. I read the comments it every business day.

But whatever you do, be careful if you read it for the blog posts, especially if you just got out of law school and need help getting your career started.

Here's Exhibit A, from "Shannon Achimalbe" (a ...

Road Map.flickrCC.Britt-Knee

Law360 reported yesterday morning that the Equal Employment Opportunity Commission settled a transgender discrimination and harassment lawsuit (not our Detroit-area funeral home case). Although the employer entered into the consent decree voluntarily, we now have a pretty good idea of what the EEOC thinks employers should do in dealing with employees who are ...

We are non-partisan here at Employment & Labor Insider, but that doesn't mean we can't look forward to the Iowa Caucus. (DISCLAIMER: This Employment Law Blog Carnival is guaranteed obsolete in two weeks, if not sooner.)

Iowa Postcard.flickrCC.Cas

Ring in the Old!

On February 1, Hawkeyes will gather at their precincts, hear inspiring speeches from the candidates' pitch men and women, and (if Republican) mark their ...

 

The time is always right to do the right thing.

MLK Mural.DC Public Library.flickrCC.Elvert Barnes

Image Credit: From flickr, Creative Commons license: Photo of mural at District of Columbia Public Library by Elvert Barnes.

Last year, Tommy Eden had a post about a gender identity lawsuit in which an employer in Georgia actually won summary judgment. A reader alerted me last night that a panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the decision in part yesterday, finding that the Plaintiff's mixed-motive claim should go to a jury. According to the appeals court decision, there ...

http://polldaddy.com/poll/9273052/

The best answer is "In all likelihood." A minor tear that can be repaired may not be a disability (it depends), but a severe injury, or one that is inoperable with residual limitations, probably is.

http://polldaddy.com/poll/9273130/

The best answer, again, is "Maybe yes, and maybe no." The big point here is that you can't count on being able ...

Did you know that unequal pay causes depression and anxiety?

Neither do I. A recent study has received a lot of publicity after it found a correlation between relatively low pay and rates of clinical depression and anxiety disorders among those who were lower paid.

Guess what? The lower-paid, depressed/anxious people turned out to be predominantly female ...

Grrrrrr.

This blog is non-partisan, but . . .

Bill Clinton 1996.flickrCC.Cliff
"OK. Maybe I did have sex with that woman, but I didn't harass her."

If you're following the 2016 presidential elections at all, you know that Hillary Clinton's political opponents are trying to attack her by making an issue of Bill's sexual misconduct. One of the things being said by some of Hillary's opponents is getting under my skin ...

The OFCCP’s Final Rule prohibiting federal contractors from discriminating against employees and applicants who ask about or discuss compensation goes into effect this Monday, January 11. The Rule applies to contracts entered into or modified on or after the effective date. Contracts are considered “modified” if there is any alteration in their terms and conditions ...

The Equal Employment Opportunity Commission filed a "friend of the court" brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is "sex discrimination" prohibited by Title VII. (Thanks to EEOC General Counsel David Lopez for alerting me.)

I am a skeptic on this subject. Title VII was enacted in 1964, and legend has it that sex ...

Cracker Jack.flickrCC.MikeMozart
"Miss me yet?"

Remember this guy?

Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary in excess of $200,000 a year) when he was 63 years old and after he'd allegedly suffered a mini-stroke.

We had limited news reports this ...

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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