Posts in Lawyers!.

And did it with such grace! After all, she is Miss Manners.

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

At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget the message, which was as follows:

The only thing we’re partisan about is employers. That’s it.

It was a great way to dispel the perception that we were being politically partisan while we had to discuss the positive and negative impacts of the candidates’ proposals on employment law issues.

This morning, I got a comment from the plaintiff in an age discrimination lawsuit that I referenced last year, based on an article that had appeared in The Washington Post. Here’s what the plaintiff, Dale Kleber, said to me:

Well, Robin, I was surprised that although you have formal legal training, the article you wrote contains so many factual assumptions that simply are false. I suspect that your firm primarily represents defendant employers and your “analysis” is tainted with the bias of economic self-interest. In the near future, I expect to obtain an objective review of my case from the the Seventh Circuit. Your article, devoid as it is of even the most basic factual or legal analysis is simply an editorial masquerading as a legal newsletter. But perhaps that is what your clients want to hear.

I admit I did not think Mr. Kleber was a victim of age discrimination based on the information in the WaPo article, and I admit that I said so. Reading between the lines on his comment, it appeared to me that he had lost his case (since he was hoping to be vindicated on appeal), but I read the court filings today and it’s more complicated than that. (I’ll have a separate blog post about the merits of Mr. Kleber’s lawsuit, which I think is pretty interesting.)

As far as writing “editorials” on this blog, I plead guilty. This ain’t, after all, The New York Times.

I also admit that I and my firm represent employers, and that we are always on the employers’ side.

But what I’d really like to talk about is what it means to be “on the employers’ side,” or, as John says, “partisan” on behalf of employers.

Has the world gone crazy?

A. No.

B. Yes.

C. The word “crazy” is a microaggression.

ANSWER: B.

Welcome to our world! 

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.*

*You Can’t Make This Stuff Up. (I think this cliche has earned an internet acronym ...

Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question "yes" last week.

Are these judges crazy? You decide.

In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed dismissal of ...

Just one calorie - not evil enough.

Satanic heavy-metal band Ghost is at risk of having its "evil mystique" ruined by some mundane employment-related disputes with former members of the band, according to an article in The Wall Street Journal. Since WSJ articles are behind a paywall, here is an excerpt:

Ghost, a Swedish heavy-metal band, built a cult following over a decade using demonic ...

Partridge in a Pear Tree on Black With Room for TextOn the first day of Christmas, my true love gave to me

a new set of burdensome regs.

On the second day of Christmas, my true love gave to me

Two bias suits,

And a new set of burdensome regs.

 

On the third day of Christmas, my true love gave to me

Three comp claims,

Two bias suits,

And a new set of burdensome regs.

On the fourth day of Christmas, my true love gave to me

Four bathroom bills,

Three comp ...

Well, maybe not light reading, but good reading about good news that you won't want to miss! Here are our bulletins and other publications from the last week, in case you missed them:

*Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women's leadership blog because our firm was named this week by the National Law Journal as the fourth best law firm in the ...

This will be my last "analysis" post on the wrongful discharge provisions of North Carolina's HB 2. (I know you are heartbroken!)

I'll continue to post on breaking HB 2-related news as it develops.

Several commenters disagreed with my contention that Charlotte's human rights ordinance, which was amended to include LGBT rights and then nullified by HB 2, would have been ...

We now have an April Fool's Day Persuader Rule challenge (but it's real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit.

Here's our scorecard:

PERSUADER RULE SCORECARD

March 30

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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