People ask me if I like to read. Not so much anymore, outside of reading Harry Potter books to my kids and reading graphic novels (ok, fine, comic books) to me. Social media apps like LinkedIn have eroded my attention span. I can barely make it through a few hundred…
Articles Posted in Discrimination and Unlawful Harassment
Your company’s arbitration agreements for sexual harassment claims may not survive February intact.
Back in the Summer, during one of my rare deviations from blogging about COVID-19, I slipped in a post about a bipartisan effort in Congress to end the forced arbitration of sexual assault and sexual harassment claims. Six months later, there are some real signs that this Bill will make…
NY Giants release statement to rebut Brian Flores’s “disturbing and simply false” allegations of race discrimination
Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.…
VIDEO: Can Brian Flores’s lawsuit against the NFL and three teams survive? Two employment lawyers weigh in.
Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Mr. Flores, the former head coach of the Miami Dolphins, claims that the Miami Dolphins, New York Giants, and Denver Broncos…
Is this the worst batch of retaliatory emails I’ve ever read? Maybe.
Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Last night, I read this opinion from a federal judge in Wisconsin. It’s about an…
Here are 150,000 reasons not to play doctor when your employee tells you that she may have cancer.
In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. According to the lawsuit, the employee had missed several days of work due to a sudden illness and then informed management that…
“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.
Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more…
The rise in antisemitism should have your attention because it is squarely on the EEOC’s radar.
Over the weekend, a man held four people, including a rabbi, hostage for over ten hours at a synagogue in the Dallas-Fort Worth area. Fortunately, the four hostages escaped — they were not released. Their captor died following a standoff with local and federal law enforcement officials. You can read…
This employer provided a flu shot accommodation that DID NOT work. And it still WON the lawsuit. HOW?!?
Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful. Instead, it’s about doing what’s reasonable based on the information available at the time. I’ll explain. Here is a recent…
On a scale of 😴 to 🤯, let’s score the EEOC’s latest guidance on whether COVID-19 is a disability
I was skeptical. Yesterday, at 10:17 AM, I received an emailed press release from the U.S. Equal Employment Opportunity Commission. The federal agency touted “adding a new section [to its existing COVID-19 Technical Guidance] to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities…