Posts tagged Fourth Circuit.

A good reason to swear off gossiping at work.

Can you occasionally skip the EEOC and go straight to court if there's a really good reason?

It's the attorney who won the ground-breaking "pregnancy accommodation" case.

Don't be a daredevil!

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a "protected category" (for example, sex or race), and "severe or pervasive."

But most employers aren't satisfied with banning only "illegal" behavior, and rightfully not. The law does a fairly good job of keeping us from each ...

Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was presenting as a male, he was told that he could not use the men's room until he submitted proof of gender reassignment surgery. But he wasn't allowed to use the ...

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use gender-segregated locations (such as restrooms and locker rooms) consistent with their gender identity. Any place that is open to and accepts or solicits ...

The U.S. Department of Justice sent a letter yesterday to Gov. Pat McCrory, giving him until Monday, May 9, to "confirm" that he does not plan to enforce the "bathroom" provisions of HB 2 as they apply to public agencies. If he fails to confirm, the DOJ is putting him on notice that he and the State of North Carolina are engaged in a "pattern or practice" of discrimination against ...

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 ...

If your employee isn't a professional driver but spends a lot of time on the road, how "essential" a job function is driving for ADA purposes? Is driving "essential" at all?

Man Driving.flickrCC.MatthewWJackson
"Seriously? I spend 40 hours a week in my car, and you say driving may not be 'essential' to my job?"

In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel ...

Oh, for cryin' out loud.

Last week, a high school principal in Bangor, Maine, banned a math teacher from having a little pink Christmas holiday Hello Kitty tree in her classroom for the holidays. She says she was told it was too "religious," although I'm still trying to figure out what religion Hello Kitty is associated with.

Pink Xmas Tree.flickrCC.Kara
Maybe the principal has a point. This tree is quite offensive.

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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