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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.

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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“Doing What’s Right – Not Just What’s Legal”