Who is my “source”? I got the scoop from EEOC Commissioner Andrea Lucas, who updated us on LinkedIn over the weekend about a Tennessee federal judge who entered this preliminary injunction to stop the U.S. Equal Employment Opportunity Commission from implementing this technical assistance document issued in June 2021 that…
In August 2017, a flight attendant sued her employer and her union in federal court. The plaintiff would amend her complaint a few times. Among the claims that remained in the final version, the plaintiff alleged that both defendants violated Title VII of the Civil Rights Act of 1964 by…
On Tuesday, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance. I went ahead and redlined the changes for you. But the EEOC wants to call your attention specifically to the updated circumstances under which employers may test employers for COVID-19 at work: EEOC’s assessment at the outset of…
I’m pretty sure that’s where we left off yesterday. Let me check my notes. ✅give HR a coronary about ways to get fired (clickbait!), ✅blog about that 11th Cir. decision, ✅Day 1 “Manager Exception”; Day 2 “past employment,” ✅become their lord and savior (sacrilegious?) advocate. Yesterday, we explored a case…
Last night, I read this recent decision from a three-judge panel on the Eleventh Circuit Court of Appeals. It involves a human resources manager who claimed that her current employer fired her after it learned that she had earlier given deposition testimony in a pregnancy discrimination lawsuit against her former…
I had planned to blog about this Fifth Circuit decision for a while. The appellate court concluded that a plaintiff who had pleaded that his supervisor directly called him a “Lazy Monkey A__ N___” in front of his fellow employees stated an actionable claim of hostile work environment. But then…
Earlier this year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law allows victims of sexual assault or sexual harassment to litigate their claims in court even if they signed an arbitration agreement. At the end of last month, a bipartisan…
At the beginning of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) posted a pre-recorded webinar addressing questions arising under any of the Federal Equal Employment Opportunity Laws and the COVID-19 pandemic. The video can be seen on YouTube or in the video player below. A transcript of the webinar is…
As a lawyer, a mediator, a workplace investigator, and a blogger, I’ve seen my fair share of employees claiming that someone(s) subjected them to a “hostile work environment.” But here’s the thing. Unless the behavior about which the individual complains is based on that person’s protected class, the law won’t…
We’ve all been there as defense attorneys. You find yourself defending claims of disparate treatment under a federal anti-discrimination statute like the Age Discrimination in Employment Act (ADEA) where your client hired someone younger than the plaintiff. The only logical explanation, according to the plaintiff, is age discrimination. Why? Because…