An even worse idea, my friends, is admitting that you still drink Zima filed a defamation lawsuit in response to an employee’s complaint to the EEOC. A national origin claim becomes a retaliation lawsuit. Late last week, Kurt Orzeck, writing at Law360, reported here about a lawsuit that the EEOC initiated in California federal…
What would happen if you punched your boss in the face? Wait! Don’t answer that. Ok, allow me. You’d get fired. But, what if, after you get fired, your boss calls you an awful racist/religious/sexist/”you name it” slur? Could it be reasonably inferred retroactively that bias motivated your firing? According to this recent…
Last week, the United States Equal Employment Opportunity Commission made headlines by filing its first lawsuits against private-sector businesses challenging sexual orientation discrimination as sex discrimination. Meanwhile, yesterday, another federal court in Christiansen v. Omnicom Group, Inc. (opinion here) concluded just the opposite: sexual orientation discrimination is “reprehensible,” but does not violate Title VII of the…
Don’t answer that. Instead, picture this: A well-dressed guy saunters into the Washington Renaissance. Don’t worry, before next week, I’ll wash the stains out of my Metallica hoodie. Ok, Ratt hoodie. Ok, N’ Sync hoodie. Ok, N’ Sync sleeveless hoodie. He’s cool(ish) and snarky; he’s got an employment law blog and…
We have an extra-special guest blogger today. It’s my mentee, Meaghan Londergan. (Sorry, folks, all of The Karate Kid images were copyright protected). Sadly, I no longer work with Meaghan. But, in her defense, there’s only so much Meyer that a young impressionable associate can take. Since then, Meaghan’s been…
A temporary disability isn’t an Americans with Disabilities Act “disability;” except, when it is. In Clark v. Boyd Tunica, Inc. (opinion here), the plaintiff suffered a fractured ankle on the job. Her employer had a policy that employees were subject to drug tests following an on-the-job injury or illness requiring medical…
In this press release, the EEOC announced yesterday that it has a new guide for small businesses to comply with federal anti-discrimination laws. And if some of you bigger businesses want to check it out too, I won’t tell anyone. Well, unless you count the illuminati. By Mary and Angus…
Yesterday, I blogged here about the U.S. Equal Employment Opportunity Commission‘s first lawsuits challenging sexual-orientation discrimination as sex discrimination. While part of the EEOC’s Strategic Enforcement Plan to address emerging and developing issues, getting federal courts to agree that sexual-orientation discrimination is unlawful under Title VII is an uphill battle. But, that doesn’t…
The U.S. Equal Employment Opportunity Commission is officially stepping into the ring and taking the fight to private-sector employers whom the EEOC believes has discriminated against workers on the basis of sexual orientation. Yesterday, the EEOC announced (here) that it had filed two complaints in federal court against employers whom it…
Don’t worry. Eric’s here. And I’ve got Scooby Snacks. Actually, I’ve got FMLA knowledge, which is better than Scooby Snacks. And, besides, I ate all of the Scooby Snacks. Sorry, I was hungry. An employee at a small company is supposedly offered FMLA. In Weissberg v. Chalfant Manufacturing Co., Inc.…