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Ironically, it happened on the same day that President Trump nominated U.S. Equal Employment Opportunity Commission Commissioner Chai Feldblum, a true champion of LGBT workplace rights, to serve a third term at the EEOC. Yesterday, the U.S. Supreme Court declined to grant certiorari in Evans v. Georgia Regional Hospital.

In plain English, the Supreme Court passed.
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Thank you to everyone who tuned in to “The Employment Law Year in Review” webinar we hosted yesterday. A couple of housekeeping items:

  • If you signed up, Jon Hyman will be emailing you a link to both the slide deck and a recording of the presentation. And here are the cheat codes for people who didn’t sign up [video // slide deck]
  • Because lawyers love to talk, we ran out of time to address audience questions yesterday. Sorry about that. However, if you attended and still have unanswered hypothetical questions .. the ones that you’re asking about for a friend, please email me. As one attendee found out yesterday, include your phone number in that email and I may just give you a call. I can’t dispense free legal advice on specific issues, but we can fix that. Otherwise, we can talk about those hypothetical questions of yours.

Town Crier Billy ClarkFor those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?

Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading

A few years ago, one of my colleagues emailed me and asked if I would review a particular question on a client’s job application. Specifically, the client wanted to know whether a certain health-related inquiry was something the client could do before extending a conditional offer of employment.

Well, not only was this particular question unlawful, so were the other four I found on the job application. They all violated the Americans with Disabilities Act. Every. Damn. One. 

But, was this an anomaly? If we drained the ADA-noncompliance swamp, would we only find this employer?

My bottles of Drakkar Noir and left arm adorned in shiny Rowleckses says, “No.”  Continue reading

I imagine that, among the reasons that victims fear complaining about sexual harassment, is that spotlight may shine a little too brightly on them.

For example, when a plaintiff in a Title VII case claims emotional distress from sexual harassment, the source(s) of that pain will be under the microscope. Questioning on this issue could spill into the plaintiff’s social media activities.

But how far will a court allow this to go? Continue reading

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