Posts in Civil Procedure.

A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment.

I assume everyone has heard by now about Gretchen Carlson's sexual harassment lawsuit against Roger Ailes, head of Fox News.

Roger Ailes gif.flickrCC.T.J.Hawk
"Bah! It's just a 'he said/she said'!"

I read the lawsuit yesterday, and some of the things that Mr. Ailes allegedly said struck me as . . . taken out of context. He has forcefully denied the allegations.

But in Ms. Carlson's defense, a number of women have ...

Male attorneys, it's not a good idea to use the "V" word when referring to your female adversaries, and you might even be sanctioned for it.

(Chill! I'm not talking about that "V" word.)

V0007254 Senora Pastrana, a bearded lady. Reproduction of a wood
"Does this dress make me look virilistic?"

Have you ever heard of the word "virilism"? Neither had I. But apparently it's a real thing: the appearance of male secondary sex characteristics in a female ...

As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area.

And as I reported last week, the Florida case settled for $150,000 plus some training and other non-monetary terms.EEOC Logo

DEAR READERS: Because of the Easter holiday, this will be my "Friday" blog post. I'll be back to my regular schedule next week.

UPDATE (7/3/14): The EEOC and Walgreens have settled their case for $180,000. Read all about it here. 

The Equal Employment Opportunity Commission is going to get a jury trial against Walgreens in a disability discrimination case that turns on (allegedly ...

The U.S. Court of Appeals for the Fourth Circuit has come out with a decision interpreting the Americans with Disabilities Act Amendments Act that pretty much confirms all of our worst fears about the scope of that new law.

And I think the Court's legal analysis was 100 percent correct.

 

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Sorry, employers, but the Fourth Circuit nailed it.

 

The Fourth Circuit hears appeals from federal ...

I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.

 

Fireplace.512px-Fireplace-RM.jpgThe weather outside is frightful, but the fire's so delightful!


Our first case involves a type of harassment ...

Can a guy sue for sexual harassment?

Archie_Comics_Digest_144.jpgI haven't read Archie comics in years, but as a kid, I loved the Riverdale gang.

America's typical teenagers. So clean! So wholesome!

Well, that's the fiction. Real life at Archie Comics Productions of Mamaroneck, New York, seems to be more like this 1954 MAD satire of Archie (WARNING: violent, criminal, and sexual innuendo that may be offensive to some ...

Mother's Day is long past, but you'd never know it -- in employment law, this has been the Week of the Moms. Here's a roundup - tell us what you think!Whistlers_Mother,_James_Abbott_McNeill_Whistler_cropped.jpg

First up: Title VII's ban on pregnancy discrimination includes discrimination based on lactation or the need to express milk. The U.S. Court of Appeals for the Fifth Circuit* has held in a lawsuit filed by the U.S. Equal Employment Opportunity ...

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes an avoidable and very expensive mistake with a severance package. Fun and games!

Is veganism a religion? Could be. A federal judge in Ohio has refused to dismiss a ...

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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