Articles Posted in Discrimination and Unlawful Harassment

In Tuesday’s installment of “Amy Coney Barrett Week” at The Employer Handbook, we explored Judge Barrett’s determination that a jury’s $300K national original discrimination award should survive appeal.

Today, I have another case for you in which Judge Barrett handled the appeal of a jury verdict for the plaintiff. But, this time, the plaintiff is none other than the U.S. Equal Employment Opportunity CommissionContinue reading

Welcome back to “Amy Coney Barrett Week” at The Employer Handbook.

I’m devoting five blog posts to some of her most significant employment law decisions so that, maybe, we can read the tea leaves to see how she may rule from the Supreme Court bench if the Senate confirms her nomination.

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Over the weekend, President Trump nominated Amy Coney Barrett, United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to fill the open Supreme Court seat. Since this is an ***check notes*** employment law blog, many of you may be wondering how Judge Barrett would decide an employment law case on the Supreme Court. Continue reading

In a demand letter sent Wednesday to actor Bill Murray, an attorney for The Doobie Brothers told the actor to stop using his clients’ music in his commercials without paying for it, while condemning Mr. Murray to “eternal damnation” for his Garfield movies.


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A few weeks ago, I blogged here about the White House changing federal diversity training. Eighty-six “critical race theory” and “white privilege” in any training for government workers. For that matter, all training on any propaganda effort that “teaches or suggests either (1) that the United States is an inherently racist or evil country or (2) that any race or ethnicity is inherently racist or evil,” would end.

On Tuesday, the White House signed an Executive Order expanding those training bans to government contractors too. Continue reading

Discord lies ahead in the coming weeks as 100 Senators will indeed wage a fierce battle to address the new Supreme Court opening that the passing of Associate Justice Ruth Bader Ginsburg on Friday created. Yet, there was still harmonic support from lawmakers on both sides of the aisle for this champion of equal rights. Continue reading

Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of the job.

But, what about using cannabidiol (CBD) instead — like with a teensy bit of THC that’s not enough to get anyone high? Continue reading

Ok, confession time.

I’ve procrastinated on preparing the slide deck for my upcoming presentation, A Return to Work from COVID-19: EEO and Other Employment Law Considerations,  for the U.S. Equal Employment Opportunity Commission. Continue reading

On the heels of the federal government announcing that it will change how it trains federal workers on diversity, equity, and inclusion (DEI), thank you to the hundreds of readers that took a few minutes to respond to this anonymous survey about DEI efforts in your workplace.

Below are the survey results. (If you are viewing this in an email, you’ll need to download the images.) I’ll add my commentary at the end.

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“Doing What’s Right – Not Just What’s Legal”
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