On August 16, 2019, an employee reported for the first time that a supervisor had made sexual comments to her that made her feel uncomfortable. The next day, management met with the alleged harasser about the allegations, and he resigned. Problem solved, right? Not exactly. The employee, who would later…
Unfortunately for the plaintiff, a federal judge disagreed. The plaintiff began her employment with the defendant as corporate counsel. After a few years of positive performance reviews and raises, the plaintiff was promoted to Acting General Counsel and Chief Compliance Officer on a 12-month trial basis. The trial did not…
According to published reports, like this one from the Daily Mail, an Am Law 100 law firm rescinded a job offer to the president of a law school’s student bar association after learning that the student stated that Hamas’ slaughter of children in Israel was ‘necessary.’ The student also reportedly…
On Saturday, the Palestinian militant group Hamas carried out a surprise attack in Israel that reportedly left over 900 dead. Israel has since responded with a declaration of war. What does this Middle East conflict have to do with employment law? You have Jewish employees. Antisemitism is rising, and the…
According to reports, a pharmaceutical company fired one of its senior talent acquisition specialists last week after she appeared in a viral video on a New Jersey Transit train calling a small group of German men “f—ing immigrants and telling them to “get the f— out of our country.” An…
The same drug dealing felon Human Resources claimed said in his job interview that he would “do it all again” but ensure that he was not dealing with an undercover officer. I won’t bury the lede here. This will be a lesson in consistency. If your business takes a legitimate,…
I’ve drafted plenty of employee separation agreements. Many of them include non-disparagement provisions. Some of them include a mutual non-disparagement provision. But that mutuality is somewhat illusory. For example, in this recent case, the employer and its former employee agreed that the employee would not disparage the employer (among others),…
A little over five years ago, the U.S. Equal Employment Opportunity Commission sued an employer for disability discrimination. It claimed that the company, which temporarily granted a request to allow an employee with night blindness to work an earlier shift to avoid an evening commute, should have agreed to extend…
I enjoy blogging about employment law. But occasionally, perhaps after a long day, I wish some of these blog posts would write themselves. Last night, I got my wish. As an email subscriber to the press releases from the U.S. Equal Employment Opportunity Commission, I’ve noticed an unusual amount of…
Finally, the U.S. Equal Employment Opportunity Commission has voted to issue new guidance on workplace harassment. Here is a copy of its proposed “Enforcement Guidance on Harassment in the Workplace.” It’s been a long time coming. This Law360 report notes that this new guidance is the first voted document the EEOC…