Well, damn.

To those who you who receive my blog posts via email, I’m sorry. Yesterday, we had some technical difficulties and my card check post didn’t make it into your inbox.  I realize that for some of you — ok, all of you — my blog posts are an icy-cold bottle of beer in the arid desert that is your mid-week slog. Again, I’m sorry. I’ll release the wrongdoers from the shackles in my basement do better.

But just to be safe, as a Versace belt to the Hermes suspenders, you may want to like The Employer Handbook on Facebook. Every post is shared there.

Now, back to employment law and what-not.

Continue reading

Bernie Sanders by Gage Skidmore.jpgRemember the Employee Free Choice Act? Back in 2009, the Employee Free Choice Act, also known as “card check,” was introduced in both the Senate and House. The bill had three components:

  1. Requiring that an employer recognize a union if over half of the employees in the proposed bargaining unit signed union authorization cards (as opposed to voting for a union through a secret-ballot process);
  2. Expedited contract negotiations; and
  3. Harsher fines for unfair labor practices

Continue reading

Mr. Burns

“Smithers, refill my lime rickey. And find me a dunce cap. Post haste.”

The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are the essential functions of the job?

Continue reading


My readers are the best!

On Friday, I received two emails within 15 minutes of one another, encouraging me to blog about this story. Kenneth Hilario at the Philadelphia Business Journal writes about an employee of an NJ company who is suing her employer. What makes this story special? The company allegedly fired the spouse’s husband, the company’s controller, because of his “extreme gas and uncontrollable diarrhea.”

Continue reading

Morrow gives Bautista a butt slap after a great catch.


Butt slaps are rarely appropriate. Not in the courtroom. Not in the workplace. Even Buttslaps, LLC in Butte, Montana frowns on butt slaps at work.

(I totally made that last part up. Don’t Google it).

Where am I going with this? Hell When an employee sues for sexual harassment, he or she must prove several elements. One of those elements is that the employee was offended by sexual conduct directed at them.

Continue reading

Trade Secret
Yesterday, I had the privilege of presenting a webinar for LexisNexis with my colleague, Larry Holmes, and Sterling Miller. Larry and I have served in the restrictive-covenant trenches together many times. Sterling serves as Senior Counsel at Gober Hilgers. He’s also the former General Counsel and Chief Compliance Officer to Sabre Corporation and former General Counsel to And without any prodding from me, Sterling admitted to reading this blog. Clearly, he’s good people.

Anyway, about that webinar. The three of us riffed for an hour and twenty on the ins and outs of non-competition and non-solicitation agreements. Plus, we offered some drafting tips and discussed ways to protect confidential information. And, of course, I couldn’t resist intersecting those topics with social media. Secret sauce, anyone? At the end, we took 15 minutes of questions from folks like you.

If you’d like to get a copy of the webinar, I’m pretty sure that I can hook you up. (Don’t let me down, Lexis!) Drop me a line and I’ll do my best to take care of you.

And before I leave you for today *** burp *** — I’m all class, folks. For those of you in the Lehigh Valley, if you’re going to attend the SHRM Lehigh Valley October Conference next week, we need to connect IRL. With a few of my friends from the EEOC, my presentation will walk you step-by-step through the process of how to address an EEOC Charge of Discrimination.

Oh, who are we kidding?!? None of my readers have ever had to experience that, amirite? But, just in case you’re, err, asking for a friend, let me know, so you can shower me with praise and dollars, but, mostly dollars I can look out for you.

Image Credit: Benjamin Chun on Flickr.

A fork in the road - - 558151

You’re right, Commissioner Feldblum. Social media is awesome!

Last Friday, I posted here about a recent federal-court decision addressing the sex discrimination claims of a transgender employee. What drew my attention to the case was this Facebook status update from EEOC Commissioner Chai Feldblum, in which she touted the court’s decision as further support for the EEOC’s position that transgender discrimination is sex discrimination under Title VII. In my Friday post, I concluded that, while the court did allow the plaintiff’s sex discrimination claims to proceed to trial, it wasn’t because of her transgender status. Rather, the court reasoned that the employer may have engaged in unlawful sex stereotyping. Sex stereotyping definitely violates Title VII.

Continue reading


Back in April, the EEOC concluded that transgender discrimination is discrimination based on sex and, therefore, violates Title VII. That same month, a federal court denied another employer’s motion to dismiss the sex discrimination claims of a transgender employee. However, in denying the motion to dismiss, the court did not conclude that transgender discrimination is sex discrimination. Rather, it reaffirmed that Title VII prohibits sex stereotyping; i.e., when an employer takes action because an employee does not conform to the employer’s sex- or gender-based preferences, expectations, or stereotypes.

Continue reading