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The Employer Handbook BlogCan you make someone who only wants intermittent FMLA take continuous leave instead?
By Stethoscopes – Own work, CC BY-SA 3.0, Link
I’ll wait patiently while you grab your pearls for clutching.
RIP Ann Hopkins
By U.S. Equal Employment Opportunity Commission – http://www.eeoc.gov/eeoc/history/40th/panel/hopkins.html, Public Domain, Link
Yesterday’s blog post highlighted the blistering dissent of Eleventh Circuit judge Hon. Robin S. Rosenbaum, as she criticized her colleagues for passing on the opportunity to reconsider whether Title VII of the Civil Rights Act of 1964 protected employees from discrimination based on sexual orientation. In Judge Rosenbaum’s opinion, Title VII does afford those protections based on the U.S. Supreme Court’s ruling in Price Waterhouse v. Hopkins. In that case, the Court concluded that sex stereotyping violates Title VII. (It follows that Title VII precludes discrimination based on sexual orientation because of the failure to conform to the gender-based stereotype of loving someone of the opposite sex. Continue reading
A federal appellate court judge is 😤steamed😤 that her colleagues won’t address gay rights at work
By Eoghanacht [Public domain], from Wikimedia Commons
The issue this case raises—whether Title VII protects gay and lesbian individuals from discrimination because their sexual preferences do not conform to their employers’ views of whom individuals of their respective genders should love—is indisputably en-banc-worthy…. I cannot explain why a majority of our Court is content to rely on the precedential equivalent of an Edsel with a missing engine, when it comes to an issue that affects so many people.
So, how many of you think that your HR Generalists need to come to work all the time? Read this post.
By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia Commons
Here were are again.
Another ADA case. Another Sixth Circuit appeal (Hostettler v. College of Wooster – opinion here). Another request for a modified work schedule. And another unsuccessful plaintiff at the lower court.
But, this wasn’t just any plaintiff. Continue reading
She couldn’t workout at her preferred time, so she quit her job. And sued.
Image Credit: Pixabay.com (https://pixabay.com/en/pen-letters-leave-envelope-2912932/)
Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously filed an appeal on behalf of your client.
And it’s in those seconds before you tear open the envelope that you think maybe, just maybe, the appellate court would reverse the lower court’s ruling in favor of the employer and deliver justice for your client.
Then you start reading the first paragraph of the opinion: Continue reading
Could forcing an employee to sign a last chance agreement lead to a retaliation claim?
Image Credit: Photofunia.com (http://photofunia.com/results/5b4bb235089f7a22648b45a6)
The answer may shock you!
(But, it probably won’t.)
My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.
By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons
If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading
It’s the most important employment law decision of 2018
By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons
Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading
All the 🔥hot🔥 takes on how Supreme Court Justice Brett Kavanaugh could shape employment law
By U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons
*Cracks knuckles in preparation for lots of cutting and pasting*** Continue reading
Will I see you at EEOC EXCEL today? It should be EXCELLENT! (See what I did there?)
Source: https://eeotraining.eeoc.gov
Yep, it’s that time of year.
The U.S. Equal Employment Opportunity Commission’s Training Institute is hosting its Examining Conflicts in Employment Laws (EXCEL) Training Conference in Washington, DC. Continue reading