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…
The muse for today’s post is whoever drafts the press releases for the U.S. Equal Employment Opportunity Commission. Last night, I read this one about a $70,000 settlement that the EEOC reached with a Colorado employer to resolve a lawsuit filed under the Americans with Disabilities Act. The EEOC alleged…
By Metsfan84, CC BY 3.0, Link Every July 1 since 2011, the New York Mets have paid Bobby Bonilla $1,193,248.20. That seems like a pretty reasonable annual payment for a six-time All-Star. Except, here’s the thing. Mr. Bonilla is 59 years old and hasn’t played for the Mets in over…
The U.S. Equal Employment Opportunity Commission doesn’t think so. It’s suing a residential home service and repair company for violating federal law when it allegedly required employees to participate in religious prayer sessions as a condition of employment and retaliated against employees who opposed the unlawful practice. Before I detail…
Yesterday, we covered whether the Family and Medical Leave Act allows women who have an abortion to obtain leave for a serious health condition. Today, we’ll talk about the Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act of 1964 to prohibit employers from taking adverse employment…
The ink was barely dry on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization when the U.S. Department of Labor released a statement in which the agency confirmed that it would continue “empowering women using every tool” available. The DOL supports reproductive freedom. On Friday, U.S. Secretary of…
Over the weekend, I read this Reddit post. It’s from an individual who says the company will require employees to attend a pro-life celebration today following the Supreme Court’s ruling on Friday in Dobbs v. Jackson Women’s Health Organization. Many of the 1,300 comments focus on the wage-and-hour implications of…