Posts tagged Virginia.

(St. Patrick's Day is sooooo nine hours ago!)

Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law Apr.Fool.ELBC.Foolblog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...

From a labor and employment law standpoint, I'm not sure we have a lot to be thankful for this year. But 'tis the season, so here are a paltry few:

Be thankful that your employer doesn't fire you while you're on the air. BenThanksgiving Card.flickr.DaveCC Finfer, co-host of a Chicago sports talk radio show learned that he was losing his job through a tweet that came through while he was on the air last week. Mr. Finfer ...

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 ...

The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some "wins" including a couple of big settlements . . .

Muhammad Ali.Stango
The EEOC "floats like a butterfly, stings like a bee . . ."

Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex ...

As promised on Monday, here is my magnum opus regarding the EEOC's new Enforcement Guidance on Pregnancy Discrimination and Related Issues. (Next week, I'll try to get back to spurious sexual harassment lawsuits against Yahoo executives and gift cards to employees who don't go to the bathroom during the work day . . . all that really important stuff.)

This past Monday, July 14, a divided ...

February is Black History Month, and in honor of this special time, our Employment Law Blog Carnival will feature some of the many, many great African-American musical artists.

We'll start by going back to the turn of the last century, with Scott Joplin, the King of Ragtime. While a child in Texarkana, young Joplin taught himself to play the piano in a white-owned home where his mother ...

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.

Sorry, employers, but the Fourth Circuit nailed it.

 

The Fourth Circuit hears appeals from federal ...

If Joe tells co-worker Mary a dirty joke, Joe is probably in violation of the employer's no-harassment policy, right? And he risks being disciplined, or even fired, right?

Right.

But if Mary sues Joe for sexual harassment based on this one joke, her lawsuit will in all likelihood be thrown out of court, right?

Right.

That's because you can't sue over just any old thing, even if it's annoying ...

                          If you ever plan to motor west,

Travel my way, take the highway that is best.

Get your kicks on Route 66.

It winds from Chicago to LA,

More than two thousand miles all the way,

Get your kicks on Route 66.*

OK, kiddies -- jump into my '55 T-bird, and let's take off on old Route 66, from Chicago to L.A., more than two thousand miles all the way! If you promise to behave, I'll let you ride with the top down.

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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