Photo by lpdesigns form PxHere I’m conflicted. There’s this great age discrimination opinion about which I planned to blog today. It involved an awkward moment at a termination meeting, where the supervisor of a 40-year employee allegedly told him, “Well, you’re kind of getting up there in years, you’re at…
Articles Posted in Discrimination and Unlawful Harassment
Why countersuing an employee can be a recipe for disaster!
Image by Gerd Altmann from Pixabay Rarely — and by “rarely,” I mean usually — I’ll have an employer client ask me about countersuing an employee that has just sued the company. First, you’re probably just throwing good money after bad. But, I generally don’t debate this with my more…
What actually happens if the EEOC thinks we discriminated against an employee? 😮
Image by Ohmydearlife from Pixabay Imagine not only facing a Charge of Discrimination that one of your employees has filed with the United States Equal Employment Opportunity Commission but also enduring an investigation where the EEOC ultimately concludes there is reasonable cause to believe discrimination has occurred. Uggh. What’s next?…
OFCCP elaborates on what kind of diversity training government contractors can (and can’t) do.
U.S. Government / Public domain As Microsoft deals with a government investigation into its diversity hiring program, the rest of you federal contractors should take note of these new Office of Federal Contract Compliance Programs (OFFCP) guidelines addressing the White House “Executive Order on Combating Race and Sex Stereotyping.” (You…
Free COVID-19 claims and lawsuits webinar? And a slide deck on EEO considerations too? I got you, fam!
Image by 政徳 吉田 from Pixabay Who loves you? Slide deck: A Return to Work from COVID-19: EEO and Other Employment Law Considerations – BOOM! Webinar: Covid-19 claims and lawsuits; Prepare your business today for potential lawsuits tomorrow – Let’s goooooooo! Plus, get 40 credits worth of HR virtual learning…
Is a Fortune 50 company’s diversity program discriminatory? The DOL wants to know!
Image by Alexas_Fotos from Pixabay Yesterday, both Law360 (here) and Bloomberg (here) reported that the U.S. Department of Labor had begun investigating whether Microsoft violated Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law the prohibits race bias, when Microsoft decided to double the number of…
Yes, the Americans with Disabilities Act still applies during an employee’s initial “probationary period.”
Image by tigerlily713 from Pixabay While I don’t have a ‘Dallas Cowboys’ — how ’bout dem Cowboys! — level of hatred for probationary periods for new employees, I do not like them. The 90-day probationary-employee language that I see from time to time in employee handbooks is a holdover from…
A Friday fistful of Amy Coney Barrett on employment law
Rachel Malehorn / CC BY Finally, we put the wraps on “Amy Coney Barrett Week” at The Employer Handbook. There is so much left to discuss, but, well, I’ve got a thing. So, rather than dig into the Barrett archives myself, I figured I’d share what other bloggers and writers…
Has Judge Amy Coney Barrett ever handled an appeal involving the EEOC? You bet she has!
Rachel Malehorn / CC BY In Tuesday’s installment of “Amy Coney Barrett Week” at The Employer Handbook, we explored Judge Barrett’s determination that a jury’s $300K national original discrimination award should survive appeal. Today, I have another case for you in which Judge Barrett handled the appeal of a jury…
That time when Supreme Court nominee Amy Coney Barrett upheld a plaintiff’s $300K discrimination win
Rachel Malehorn / CC BY Welcome back to “Amy Coney Barrett Week” at The Employer Handbook. I’m devoting five blog posts to some of her most significant employment law decisions so that, maybe, we can read the tea leaves to see how she may rule from the Supreme Court bench…