Philip Phillips

Philip Phillips

Foley & Lardner LLP

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Latest Publications


Limit Your Pre-Employment Inquiries to Job-Related Questions

As most employers know, it is unlawful to ask an employment or promotion candidate questions which reflect bias based on race, color, age, gender, religion, or any other protected status. For example, a candidate cannot be...more

10/6/2016 - ADEA Age Discrimination Corporate Counsel Discrimination EEOC Employer Liability Issues Hiring & Firing Interviews

EEOC Serves Notice Regarding Transgender Employees Bathroom Access Rights

In the midst of all the media coverage surrounding transgender bathroom policies, the Equal Employment Opportunity Commission (EEOC) has recently put employers on notice of its position that denying an employee access to a...more

5/11/2016 - EEOC Employee Restrooms Employer Liability Issues Gender Identity LGBT Sex Discrimination Title VII Transgender

EEOC Issues Guidance on Rights of Applicants and Employees Infected with HIV

In a recent press release announcing new guidance for applicants and employees infected with HIV, the Equal Employment Opportunity Commission (EEOC) noted that in 2014 alone, it resolved over 200 charges of discrimination...more

12/16/2015 - ADA Anti-Harassment Policies EEOC HIV Job Applicants Reasonable Accommodation

Internal Investigations — Assessing Witness Credibility

As experienced investigators know, an investigation into allegations of harassment, discrimination or other misconduct may lead to a so-called “he said/she said” scenario, possibly leaving the investigator in a quandary as to...more

7/3/2015 - Credibility Discrimination Documentation Harassment Internal Investigations Professional Misconduct Retaliation Witnesses

NLRB Deems Employer Unlawfully Distributes a Workplace Violence Memo After Union Organizing Activity

Your intentions may be pure, but your actions during or after union organizing activity could lead to your company running afoul of the National Labor Relations Act (the Act) according to the National Labor Relations Board...more

1/7/2015 - Employer Liability Issues NLRA NLRB Protected Concerted Activity Union Elections Unions Workplace Violence

No Coach Necessary for Potty-Mouth Employee

As we have recently noted, and as many employers have probably bemoaned a time or two, sometimes it feels like the legal concept of “reasonable accommodation” has little to do with real-world notions of what is reasonable,...more

7/30/2014 - ADA Employer Liability Issues Hiring & Firing Interactive Process Reasonable Accommodation Termination

The Sixth Circuit Invalidates Shortened Limitations Period for FLSA and EPA Claims

In some jurisdictions, such as Michigan, an employer may be able to shorten the statute of limitations for an employee to file an employment discrimination lawsuit....more

8/13/2013 - Discrimination Equal Pay Act FLSA Gender Discrimination Gender-Based Pay Discrimination Over-Time Statute of Limitations Waivers

The Third Circuit Rules President Obama’s 2010 NLRB Recess Appointment Was Invalid

Dealing yet another blow to the National Labor Relations Board (“NLRB” or “Board”), on May 16, 2013, the Third Circuit Court of Appeals ruled that President Obama’s 2010 recess appointment of Craig Becker to the NLRB was...more

5/30/2013 - Barack Obama Canning v NLRB NLRB NLRB v New Vista Nursing Recess Appointments

Employee’s Facebook Fumble Dooms Her FMLA Claims

As we have previously mentioned, an employer’s use of social media content has its risks and legal limitations. However, under certain circumstances, an employee’s social media activity may prove relevant to and warrant...more

2/19/2013 - Evidence Facebook FMLA FMLA Abuse Hiring & Firing Social Media Termination

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