Yesterday, I received an email from the U.S. Equal Employment Opportunity Commission that literally took my breath away. The email contained a press release in which Andrea Lucas, Acting Chair of the EEOC, made it clear that the agency is cracking down on discrimination against American workers. Here is her…
The Fair Labor Standards Act has been known to trip up HR professionals and employer lawyers, too. Payment for travel time, for example, can have several variables, such as when, where, why, and how. However, a recent Third Circuit decision clarified when, if ever, an employee’s travel time between client…
Last night, I read a First Circuit decision about an employee at a grocery store who violated company policy by buying beer for her underage grandson, except she claimed age discrimination. Spoiler alert: she lost. Stick around for some HR101: Clear policies and consistent enforcement matter. The Incident The employee…
On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Why the EEOC Filed the Lawsuits In one case filed last June, the EEOC…
Internal: Subject: Out of Office – Fly Eagles Fly! I am currently out of the office, celebrating the Eagles’ Super Bowl victory with thousands of my closest friends (and one very excited son). If you need immediate assistance, please ask yourself, “Is this more important than the Birds winning it…
Yesterday, I discussed the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace and how a court recently ruled that DEI training is not inherently unlawful. However, that doesn’t mean DEI initiatives can’t cross legal lines. This week, Missouri announced it had filed a lawsuit…
So much ink has been spilled recently about the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace. This week, a federal court weighed in on whether a Pacific Northwest employer’s DEI training created a hostile work environment for a white employee. It didn’t. More importantly, the…
It’s rare for an employee claiming discrimination to have a “smoking gun” piece of evidence. I’ve yet to defend a case where an employer outright says, “We’re firing you, old man, because you’re just too damn old.” Instead, most plaintiffs have to rely on circumstantial evidence to prove their case.…
Over the weekend, I read a Sixth Circuit decision about a police officer who successfully argued that he faced a hostile work environment due to age discrimination—despite the absence of explicit age-related comments. This case highlights how a pattern of behavior can create a discriminatory workplace, even without direct remarks…
On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion,…