We have a new General Counsel at the National Labor Relations Board! Continue Reading ›
According to a Wall Street Journal/NBC News poll published this week, 48 percent of working women believed they had been victims of sexual harassment in the workplace.
My reaction was, “Only 48 percent?” Continue Reading ›
*But were afraid to ask.
Welcome to our new website and media portal, and we appreciate your patience as we've been perfecting it! Here is a quick tour on the ways you can find our media and become a subscriber. Continue Reading ›
How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!
Question 1: Which of the following federal employment laws require reasonable
accommodation, either by their terms or as courts have interpreted them over the years?
A. The Americans with Disabilities Act
B. The Family and Medical Leave Act
C. Title VII-religion
D. The Nursing Mothers Act
E. The Pregnancy Discrimination Act
F. All of the above
G. A, C, D, and E
ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation. Continue Reading ›
Well, almost! Our new blog, Affirmative Action Edition, will go live on Friday.
On with the show!
California Streamin’. Gov. Jerry Brown has either signed into law or allowed to take effect a torrent of new employment laws that will take effect January 1. Nestor Barrero of our LA-Century City Office has a summary of the significant ones, with recommendations for employers with operations there. Check it out!
Travel Ban 3 has been blocked. First, a federal court in Hawaii blocked President Trump’s September 24 travel ban Proclamation, which replaced the travel ban Executive Order that he issued on March 6 (“Travel Ban 2”). Continue Reading ›
Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around.
Which, among other things, should include trying to make some form of restitution to his alleged victims. (None of this ridiculous “atonement by fighting the NRA.”)
There are more Weinstein stories than I can link to, but here are the two original sources: The article by Jodi Kantor and Megan Twohey in The New York Times is here, and Ronan Farrow’s excellent and very disturbing article in The New Yorker is here.
Mr. Weinstein, through a spokesperson, has denied engaging in any non-consensual sexual relations or retaliating against anyone who refused his advances. The full denial is in the video, below.
Here are my eight takes from an employment law and Human Resources perspective:
No. 1: “Quid pro quo” harassment is just a fancy word for extortion — where the prize is sex, instead of money or property. When an employer threatens to terminate (or otherwise punish) an employee for refusing sexual advances, or promises to hire (or otherwise reward) her for participating, then that is extortion. (I’m using “she” and “her” for convenience, but men can be victims, too.) In the ordinary employment context, an employer is strictly (automatically) liable if a supervisor or manager engages in this type of harassment. Continue Reading ›
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection.
However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of legitimate public concern – are well served to choose their words, as well as the times and forums in which they communicate those words, very carefully.
Just ask Michael Todd Snipes, a former law enforcement captain for the Beach Safety and Ocean Rescue Department in Volusia County, Florida. Capt. Snipes was fired for making racially insensitive comments on his Facebook page and in group text messages sent to several of his fellow officers.
In freedom of speech cases, the context in which a thought or idea is communicated often matters a great deal. Although there is never a good time to make racially insensitive remarks, Capt. Snipes’ timing was particularly ill-considered. Continue Reading ›
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well as the employment provisions (Title I).
Here are four ADA (or ADA-related) areas that employers need to watch in the coming year: Continue Reading ›
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
