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Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/

A few weeks ago, a Pennsylvania federal judge reluctantly ruled in this case that discrimination based on sexual orientation is not unlawful (or you, could say, permissible) under Title VII of the Civil Rights Act of 1964. Continue reading

My Boss Is A J-E-R-K! (cropped)

Nyttend [Public domain], from Wikimedia Commons

There’s this defense to discrimination claims to which, sadly, we on the defense side must resort occasionally.

That is, if a manager or supervisor is mean to everyone, then it is unlikely that he or she has singled out a particular person based on that individual’s race, religion, national origin, etc.

It’s called the “equal opportunity jerk” defense. Continue reading

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We don’t talk much about the EEO-1 Report on this blog.

The EEO-1 is the federally-mandated survey of company employment data categorized by race/ethnicity, gender and job category Companies with 100 or more employees must file it each year. Certain federal contractors with 50 or more employees must file the EEO-1 too.

Now, some of you may be thinking, “Wait, what?” “Eric, did the recent government shutdown impact when our company needs to file the EEO-1?”

Indeed it did. Continue reading

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Image Credit: PXhere.com (https://pxhere.com/en/photo/1291014)

Last April, I was talking to an employee-rights attorney about the Diane B. Allen Equal Pay Act, legislation in New Jersey that Governor Murphy had just signed. That’s the law requiring pay equality across all protected classes. Continue reading

In between placing prop bets on the Super Bowl  LIII Halftime Show (courtesy of SportsInteraction) — for entertainment purposes only, of course — I read on the AP News wire, “Super Bowl Fever May Sideline Record 17.2 Million Workers on Monday.”

Are you ready for this?

Don’t worry. I’ve got your back.

Continue reading

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Evan-Amos [Public domain], from Wikimedia Commons

Senator Marco Rubio (FL-R) has introduced legislation that, if it becomes law, would be a flamethrower to many of the non-competition agreements that you have with your employees.

Have I piqued your interest? Continue reading

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Image Credit: Pxhere.com (https://pxhere.com/en/photo/1445849)

Last week, the full Seventh Circuit Court of Appeals issued this decision in which it held that an outside job applicant cannot pursue a disparate impact claim under the Age Discrimination in Employment Act.

What does this mean in plain English?

Continue reading

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Won’t you help little Ivy Meyer achieve her Girl Scout Cookies sales goal?

It’s that time of year again.

Coworkers have begun bombarding you with requests to purchase Girl Scout Cookies. So, in that spirit, let’s tackle:

  • Whether unions will start organizing your workplace if you relax your no-solicitation policy to allow employees to sell Girl Scout Cookies;
  • Can employees use your email system to proselytize if co-workers use it to sell Girl Scout Cookies; and
  • A bonus discrimination case involving the sale of Girl Scout Cookies gone terribly wrong.

Continue reading

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