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…
Image by mohamed Hassan from Pixabay Many of you have Googled or otherwise searched for a job candidate online before extending an official offer. I imagine that there were times that you found something objectionable that caused you to reconsider the offer. But, how many of you have actually gone…
Image Credit: YouTube Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news. Fast forward to September 2019. Following a thorough investigation, New Jersey Attorney Gurbir…
Image Credit: Pixabay.com Whether you were celebrating the second day of Rosh Hashanah, otherwise too busy at work, or love relistening to FMLA webinars, check out a recording of the webinar I presented with a few others yesterday for the Disability Management Employer Coalition (DMEC). We covered the latest developments…
Image Credit: Photofunia.com (https://photofunia.com/results/5d92b3c0089f7a3a938b457d) Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation. Specifically, do you have…
Image by CMElixirs from Pixabay Let’s assume that you run a business that may operate illegally under federal law. For example, what if your business provided security services for the marijuana industry? Marijuana is a Schedule One drug. Schedule One drugs are illegal under the federal Controlled Substances Act. So,…