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.

nlrb.jpgLast week, the National Labor Relations Board issued this memorandum in which it has instructed regional offices to encourage employees to file complaints with the United States Department of Labor if the the regional NLRB office “believes that an employer may have violated a substantive or anti-retaliation provision of [OSHA] or the FLSA.”

Remember that the National Labor Relations Act covers more than just unionized employers and workplace. For example, many of the social media cases involving the NLRB that you may have read about actually involve non-union workplaces. So, if you haven’t gotten the message already, this NLRB initiative is another wake-up call to get your house in order.

Otherwise, you may have multiple federal agencies up in your business.

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pinocchio.jpgI was reading this recent CareerBuilder survey, which reports that 58% of employers have caught a lie on a resumé. (Most popular lie: skills embellishment).

As, CareerBuilder is apt to do, the survey contained a section of some of the most outlandish lies ever caught on a resumé. 

Some that made that list include: Applicant included job experience that was actually his father’s. Meh.
Applicant claimed to have 25 years of experience at age 32. Getting warmer.

Then I scanned down and saw this doozie: Applicant applied to a position with a company who had just terminated him. He listed the company under previous employment and indicated on his resume that he had quit.


What’s the best lie you’ve ever caught on a resumé? And how did you catch it? Let me know in the comments below.