Close

Articles Posted in Discrimination and Unlawful Harassment

Updated:

When can you fire the employee who just complained about discrimination or took FMLA leave?

Sarah Klockars-Clauser [CC BY-SA 2.0]Oh, I get it. You just clicked on this post for a friend. Well, on the one hand, I should thank you for your interest in this blog post. On the other, now I have to order a new fleet of computer servers since you’ve crashed…

Updated:

She was raped by her supervisor, the company suspended her and put the harasser back to work. How mad did this make a federal jury?

Ken Lund from Reno, NV, USA [CC BY-SA 2.0], via Wikimedia CommonsNope. Madder. Here’s more from the EEOC’s press release announcing the $850,000 jury verdict. A federal jury rendered a verdict on Dec. 19, 2018 awarding $850,000 in compensatory and punitive damages to a female farmworker at [an employer] in…

Updated:

Litigating against LGBT rights may win one case, but still be bad for business overall.

By Phillips 66 Company – http://hrcpdocctr.phillips66.com/HR_P66_Comm/Benefits/BenefitHighlights.pdf, Public Domain, Link Among Fortune 500 companies, 91% prohibit discrimination on the basis of sexual orientation, and 83% prohibit discrimination based on gender identity.  [Source] But, under federal law, circuit courts remain split as to whether Title VII of the Civil Rights Act of 1964…

Updated:

Justice Kavanaugh’s first SCOTUS opinion may speak volumes on how he’ll decide the next big employment case

U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia CommonsYesterday, Supreme Court Justice Brett Kavanaugh delivered the opinion for a unanimous Supreme Court in a case called Henry Schein, Inc. v. Archer & White Sales, Inc.  Although the Court’s decision has nothing to do with employment law —…

Updated:

Now, about those federal courts running out of money this Friday…

AgnosticPreachersKid [CC BY-SA 3.0 or GFDL], from Wikimedia CommonsIt’s time we double down on yesterday’s doom and gloom. Yes, according to published reports, federal courts have enough money to operate normally until Friday. Then, it gets interesting. Here’s more from Bloomberg: The system has enough money left over from fees…

Updated:

How will a government shutdown and no quorum at the EEOC impact employers?

U.S. Government [Public domain], via Wikimedia CommonsAt midnight on December 22, 2018, the federal government shut down.  Well, not completely. But, a lot of federal employees are working without knowing when they may get paid. Plus, the U.S. Equal Employment Opportunity Commission is already operating on a contingency plan —…

Updated:

Farewell, EEOC Commissioner Chai Feldblum.

https://www.facebook.com/CommissionerFeldblum/posts/2313994185285931 Yesterday, was Chai Feldblum’s last day on the job as Commissioner at the U.S. Equal Employment Opportunity Commission. According to her EEOC bio — I’m not sure how long this will remain active — Ms. Feldblum had two terms as Commissioner spanning nearly nine years. During that time, Ms. Feldblum “focused…

Updated:

CBS just denied Les Moonves’ $120M severance. Can it do that? I have his employment and severance agreements.

David Shankbone [CC BY 3.0], via Wikimedia Commons“Hold my drink, Harvey Weinstein. I generated the most #MeToo tweets in a single day; 800,000 of them!” That’s something that former CBS CEO Les Moonves never actually said. Although, it’s true that Mr. Moonves set that infamous record on September 9, 2018. Since…

Updated:

If you could only listen to one HR-compliance podcast episode…

Font Awesome Free 5.2.0 by @fontawesome – https://fontawesome.com [CC BY 4.0]Let’s do something a little different today. I’m giving my typing fingers (and your reading eyes) a little extra R&R. Last week I hung out with my HR friend Ira Wolfe and his co-host, Keith Campagna, to discuss a variety…

Updated:

Lawsuit: Open-mouth kisses, spanking, and nudity. No, this is most definitely not your typical pharmacy.

Image Credit: Google Street View I’ve been doing this employment law thing for many years now. It’s gotten to the point where little surprises me anymore. Yeah, about that. On Monday, Jon Hyman blogged about this recent federal court opinion at the Ohio Employer Law Blog in a post entitled, “The 1st nominee…