Trial is over!

I’m coming atcha live and direct from the bloggerdome with a sweet defense verdict in my pocket. Yup, yup!

[cue music]

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And what do I come back to? A precedential Third Circuit opinion discussing an employee’s right to return to work from FMLA.

I’ll cover that for you after the jump…

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Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute.

So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create a claim under Title VII. Or does it?

Find out after the jump…

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*** whistles ***

The word on the street according to Kevin McGowan at Bloomberg/BNA (here $$$) is that U.S. Equal Employment Opportunity Commission Chair Jacqueline A. Berrien (D) has decided not to seek renomination to the EEOC.

Originally an Obama recess-appointment, the Senate confirmed Ms. Berrien as EEOC Chair in December 2010. Her term expired on July 1, 2014, but she is permitted to retain her seat until September 1, 2014.

With Ms. Berrien’s departure, the EEOC will be left with four Commissioners: two Democrats (Feldblum, Yang) and two Republicans (Lipnic, Barker). And a kick-ass pro-bono mediator named Meyer who— oh yeah, right, back to people who matter… 

Recall that the most recent guidance on pregnancy discrimination, viewed by some as overreaching, passed 3-2 along party lines.

What will a 2-2 split mean for future EEOC guidance and enforcement? Frankly, I have no idea. I’m shocked you’ve made it 147 words into this blog post.

So, your Friday reward is The Cure (the band, although I did partake in the ALS Ice Bucket Challenge) and my recent “TLNT Webinar – EEO Compliance: Avoiding Discrimination in the Workplace” PowerPoint presentation. 

Just email me and the EEO slide deck is yours.