Posts tagged Double Standard.

It was a bleak and frigid night on I-88 somewhere in northern Illinois. The icy wind whipped across the flatlands, grazing the endless rows of white, brittle remains of lastScreen Shot 2017-03-23 at 6.09.47 PM year's corn crop. The only place to be that night was in your house, wrapped in your Snuggie, with a warm glass of brandy, watching videos of past vacations at Daytona Beach.

Alphonse Maddin knew he had to ...

It's Neil Gorsuch! President Trump's nominee for the Supreme Court was Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit. If you watched the announcement on TV last night, you already know about his impressive credentials. If confirmed, Judge Gorsuch will fill the vacancy created by the death last year of Justice Antonin Scalia, and he'll be the first Supreme Court ...

Woman Indignant.flickrCC.DavidJohns
"Doing your job? The NERVE!"

If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you?

Inquiring HR professionals, in-house lawyers, and counselors want to know!

The U.S. Court of Appeals for the Third Fourth Circuit says no - Title VII's anti-retaliation protections apply to you, too.

In a very significant ...

You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans.

At that time, every federal appellate court facing the issue -- in addition to these three, the Ninth Circuit -- had found that same-sex marriage bans were unconstitutional.Gay-wedding.512px-Gay_wedding_a_by_Stefano_Bologni.JPG

Until ...

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?

Right?Hijab.Persian_Girl.jpg

Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception to this rule. (Otherwise, it would be too easy for employers to stay out of ...

As most of you have heard by now, the U.S. Department of Labor has provided a "sneak preview" of a Notice of Proposed Rulemaking on the definition of "spouse" in the Family and Medical Leave Act. The proposed changes would broaden the definition of "spouse" to include most same-sex married couples.

The proposed changes are intended to reflect (and expand upon) last year's Supreme Court ...

Abercrombie & Fitch has won a huge victory in one of its Muslim hijab-accommodation cases -- but will the decision stand?Hijab.Persian_Girl.jpg

As you know, the Equal Employment Opportunity Commission has filed two lawsuits against Abercrombie in California -- both of which have now settled -- but there was another one in Oklahoma, and it may be the most interesting of them all.

The EEOC won summary judgment ...

Latest dispatches from the employment law front:

If you're going to be an SOB, make sure you're an SOB to everybody. A federal district court in Kentucky granted summary judgment to the employer in a sexual harassment case. The female plaintiffs alleged that a charlatan "turnaround specialist" hired by their CEO was not "motivated by sexual desire" butWoman reading newspaper screaming.jpg was simply abusive and mean ...

Covered mouth.jpgWho, if anybody, has the right to use the "N" word in the workplace? Should an employer treat African-Americans who use this language differently from non-African-Americans who do?

These are perennial questions that arise during harassment training, and there has been little guidance from the courts or the EEOC. The opinions of individual lawyers no doubt vary. My own advice has ...

Robin Shea has 30 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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