Image by Clker-Free-Vector-Images from Pixabay Said a grade school teacher (allegedly) to her class of 28 ten-year-olds, 11 of whom are Jewish. This according to multiple published reports, including this one from the UK Daily Mail. The article also notes that, when a student challenged the teacher on her anti-semitic…
Image by Michel Oeler from Pixabay We’re going to quiz you today on workplace religious accommodations. (If you fail, instead of sending Tommy Boy, I’ll call the HR police to your office to tear up your SHRM-CP certification into little, tiny pieces, which we will then use to fill eggs…
wallyg [CC BY 2.0], via Wikimedia CommonsNot exactly. For example, here is a situation in which a woman sued her former employer for violating the Family and Medical Leave Act. After the plaintiff initiated the action in federal court, she died. Did that end the case? No. Indeed, Rule 25…
By The people from the Tango! project – The Tango! Desktop Project, Public Domain, Link Last night, I read with interest — lawyers always read with interest, that’s why we get to charge the big bucks — about a new employment law that will take effect in California at the…
Image Credit: Grouch (Joker Parody) – SNL (YouTube) Let’s pretend that you operate a sanitation company. One of your employees — let’s call him ‘Oscar’ — tells you that he would like to take a multi-week sabbatical to learn more about his job and spend some time living in a…
Image Credit: Photofunia.com (https://photofunia.com/results/5da05f89089f7acb5a8b4590) Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys. Then, in September 2017, along came a guy…
Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c) Earlier this week, I detailed several feeble retaliation claims that a federal court easily brushed aside. Today, I’ll talk about another retaliation claim that almost suffered a similar fate until one of the most conservative federal appellate courts in the country breathed new life into it.…
By Franz Jantzen, Collection of the Supreme Court of the United States – https://www.oyez.org/justices/neil_gorsuch, Public Domain, Link After reading 133 pages of transcripts from yesterday’s two (1, 2) oral arguments in the three LGBT workplace rights cases pending before the Supreme Court, three things are clear to me: First, the…
Image Credit: Pixabay.com It’s been a while since the Supreme Court weighed in on a big-time employment-law issue. That’s about to change. Today, the Supreme Court will hear oral argument in three cases: EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. Bostock v. Clayton County Zarda v. Altitude Express, Inc.…
Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c) Retaliation is one of the most common employment claims pursued in court. Indeed, it’s the #1 claim individuals make at the U.S. Equal Employment Opportunity Commission (EEOC). A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus…