Back in April, the EEOC concluded that transgender discrimination is discrimination based on sex and, therefore, violates Title VII. That same month, a federal court denied another employer’s motion to dismiss the sex discrimination claims of a transgender employee. However, in denying the motion to dismiss, the court did not…
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One word: Outsource. See you tomorrow. Oh, you mean some of you actually do this yourselves?!? Ok. As you should know, in certain circumstances eligible employees may take leave under the Family and Medical Leave Act intermittently or on a reduced leave schedule. Intermittent leave is FMLA leave taken in…
The Americans with Disabilities Act requires an employer to accommodate an employee with a disability, if doing so will enable that individual to perform the essential functions of the job. The exception is if the accommodation would create undue hardship for the employer. But when is that duty to accommodate…
According to a New Jersey appellate court, Borgata Hotel Casino & Spa can do it. Two years ago, a NJ trial court judge dismissed the claims of 22 female cocktail servers, also known as “BorgataBabes,” who claimed that they were victims of gender and weight discrimination. Borgata dictates that its BorgataBabes, both…
It’s seen by some as making labor organizing akin to a civil right. “Woo hoo!” said none of you. On Wednesday, Sen. Patty Murray (D-Wash.) and Rep. Bobby Scott (D-Va.), top members of the Senate Committee on Health, Education, Labor and Pensions, introduced the Workplace Action for a Growing Economy (WAGE) Act. According…
Yesterday, I asked you — and when I say you, I’m referring to the best change-agents in the entire universe — whether you were cool with the government requiring your businesses to provide a modest amount of paid family and medical leave to employees. Of those who responded to the…
Last week, President Obama signed an Executive Order requiring federal contractors to provide paid sick leave. More on that here. The Department of Labor has a roadshow and social media campaign, through which it is touting the benefits of paid family and medical leave. And the Family and Medical Insurance…
“So, dynamic, Eric. Is there anything you can’t do?” Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter. (You can follow me here). No, you’re looking for some Fair Labor Standards…
Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors. With limited exceptions,…