When I conduct anti-harassment training for supervisors, one of the points I stress is that all complaints of harassment and discrimination — no matter how minor — must be taken seriously. Why? For a few reasons. By addressing harassment right away, it reduces the chances of repeat performances. That’s good for the employee.…
Ready, fire, aim. That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee. Ready, fire, aim. When there’s a even a whisper that a former employee has gone to work for a competitor, the former employer often rushes into court,…
You know, it’s one thing to communicate with employees on FMLA to express concern for their well-being or determine whether they plan to return to work as scheduled. But, when you turn into the FMLA Police, that’s when problems ensue. [cue music] Don’t do this. Consider this recent Eleventh Circuit…
A little over three years ago, I blogged here about the Senate and House each introducing the Family and Medical Insurance Leave Act. (FAMILY Act). The FAMILY Act, which never made it out of Congress to President Obama, would have created a national paid family and medical leave program for all workers,…
Wait. That came out wrong. What I meant to say was… The Pregnancy Discrimination Act forbids employers from requiring that pregnant employees leave work. Even if it’s because the employer honestly believes that workplace conditions could place the health of mom or fetus at risk. Yes, really. Indeed, the U.S. Equal…
With over 24 hours to marinate, I think back on Super Bowl LI and I’m still amazed. I mean, how good does The Fate of the Furious look! Pretty sure there was a submarine chasing an orange Lamborghini on a frozen tundra! Yeah, now I know what Charlie Sheen truly meant by…
I feel like, last week, I was a little harsh on ADA plaintiffs. So, today, to show mercy that I’m an equal-opportunity jerk, I’ll focus on people who either lost their jobs or stand on pretty precarious footing because of social media. A Secret Service agent for President Trump posted…
Continuing with yesterday’s theme of appellate courts peeing on the Cheerios of plaintiffs in failure-to-accommodate cases… Wait, can I say that? ***Checks blogging scriptures*** ***burps*** Yep. Dealing with employees who stress out about work. Yesterday, I blogged here about how President Trump’s U.S. Supreme Court nominee has zero damns to give…
I hear many of you are dying for my hot take on how Tenth Circuit Judge Neil M. Gorsuch may shape employment law as a member of the U.S. Supreme Court. Then again, those could be the voices in my head. ***Q-tips*** Ah, that’s better. Where was I? Oh yes, happy…
Yep. From Jeremy Peters at The New York Times (here): The White House said on Monday that President Trump would leave in place a 2014 Obama administration order that created new workplace protections for gay, lesbian, bisexual and transgender people. … The decision to keep the order, the statement added,…