Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Probability, Manipulation, And Random Drug Testing

Many employers — particularly, those in the transportation industry — use third party vendors to do the random selections for federally mandated drug and alcohol tests. I think it’s a great idea, because it prevents employees...more

5/22/2015 - Discrimination Drug Testing Employment Policies Third-Party Service Provider

Female Lawyer Plays The “V” Card, Wins $500 Sanction

Have you ever heard of the word “virilism”? Neither had I. But apparently it’s a real thing: the appearance of male secondary sex characteristics in a female. (Males can have the condition, too, but it’s usually more serious...more

5/22/2015

Is This New Harassment Decision The End Of The World For Employers?

Are harassment and retaliation lawsuits all going to the jury now? Are employers doomed? Are the plaintiffs’ lawyers popping the champagne corks? Is the EEOC dancing for joy?...more

5/15/2015 - Corporate Counsel Defense Strategies EEOC Employer Liability Issues Harassment Retaliation

Can We Stop With The Age-Based Stereotypes?

A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital...more

5/11/2015 - Age Discrimination Hiring & Firing Millennials Technology

Proposed Overtime Rule Has Been Sent To OMB

Secretary of Labor Thomas Perez announced today that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the federal Office of Management and Budget, which means that the...more

5/6/2015 - DOL Exempt-Employees FLSA OMB Proposed Regulation Secretary of Labor

EEOC Rolls Out “Digital Charge” Program For Private Employers

The EEOC began use of a new “Digital Charge” pilot program last Friday in the Charlotte, North Carolina, and San Francisco, California, field offices for employment discrimination charges filed against non-federal employers....more

5/5/2015 - Digital Charge Programs Discrimination EEOC

Did He Quit, Or Was He Fired? Constructive Discharge Quiz!

Some employers really, really hate to fire employees. That doesn’t mean they won’t do it – but they’ll do just about anything to avoid calling it what it is....more

5/4/2015 - Constructive Discharge Hiring & Firing

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more

5/1/2015 - ADA Affordable Care Act Corporate Counsel EEOC Employer Group Health Plans Employer Liability Issues HIPAA Proposed Regulation Wellness Programs

Hey – That EEOC Wellness Rule Isn’t Half Bad

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

4/27/2015 - ADA Affordable Care Act Corporate Counsel EEOC Employer Group Health Plans Health Insurance HIPAA Popular Proposed Regulation Wellness Programs

EEOC Transgender Case In Detroit Will Go Forward

As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral...more

4/27/2015 - Adverse Employment Action EEOC Employer Liability Issues Enforcement Actions Gender Discrimination Transgender

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more

4/17/2015 - ADA Attendance Corporate Counsel EEOC Enforcement Actions Essential Functions Ford Motor Reasonable Accommodation Telecommuting

One Of EEOC’s First Transgender Lawsuits Has Settled

The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic’s Director of...more

4/16/2015 - EEOC Gender Discrimination Gender Identity OFCCP Transgender

A Lesson From Twitter Sex-Bias Lawsuit: Post Those Jobs!

Shortly before Ellen Pao lost started a “conversation” about sex discrimination in the tech industry, yet another lawsuit was filed alleging sex discrimination in the tech industry. ...more

4/13/2015 - Corporate Counsel Hiring & Firing Human Resources Professionals Recruitment Policies Retaliation Sex Discrimination Tech Industry Twitter

Pregnancy Accommodation FAQs For Employers

What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service?...more

4/3/2015 - ADA Disparate Treatment EEOC Employer Liability Issues PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Pregnancy: Employers’ newest “accommodation obligation”

A divided U.S. Supreme Court decided last week that employers covered by the Pregnancy Discrimination Act (part of Title VII) may be required to make reasonable accommodations for work restrictions caused by pregnancy and...more

4/1/2015 - ADA Disparate Treatment EEOC Enforcement Guidance Essential Functions PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

BREAKING: FMLA “Spousal” Rule On Hold For Now

The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after...more

3/30/2015 - DOMA Employee Rights FMLA Preliminary Injunctions Same-Sex Marriage Spouses US v Windsor

Hang Tight, Employers — EEOC’s Proposed Wellness Rule Is At The OMB

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way....more

3/24/2015 - ADA EEOC GINA Proposed Regulation Wellness Programs

A Conversation About Race

I start my new job as a Starbucks barista tomorrow. I am super-excited!!!!! I just hope I can handle the fast pace!...more

3/23/2015 - Corporate Counsel Employer Liability Issues Starbucks

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

3/16/2015 - ADA Adverse Employment Action Burden of Proof Discrimination EEOC Free Speech NLRA Protected Concerted Activity Race Discrimination Retaliation Reverse Discrimination Title VII

“State Of The Union” On Substance Abuse And The Workplace

Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five...more

3/6/2015 - ADA Drug & Alcohol Abuse E-Cigarettes Illegal Drugs Marijuana Medical Marijuana Reasonable Accommodation Tobacco Workplace Safety

This ‘n’ that from the world of the workplace

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court...more

3/2/2015 - EEOC v Abercrombie Equal Pay Non-Compete Agreements Religious Accomodation Social Media Policy Twitter Workplace Violence

New FMLA Rule Will Give Rights To Same-Sex Spouses Based On “Place Of Celebration”

The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the...more

2/24/2015 - DOL Final Rules FMLA Same-Sex Marriage Spouses

Should An Employer Fight Unemployment? The Debate Continues . . .

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases. ...more

2/20/2015 - Best Management Practices Hiring & Firing Termination Unemployment Benefits Willful Misconduct

You’ve Exceeded My Expectations, Valentine!

Maybe so, according to Rachel Feintzeig, who wrote in Tuesday’s Wall Street Journal, “Everything Is Awesome! Why You Can’t Tell Employees They’re Doing a Bad Job.” The idea is that many employers are getting away from...more

2/13/2015 - Best Management Practices Employer Liability Issues Performance Reviews Poor Job Performance

Faruqi Sex Harassment Trial: It’s A Wrap!

As you may have seen, the jury in Marchuk v. Faruqi came back yesterday with a verdict for plaintiff Alexandra Marchuk, but it will not allow her to retire, nor will it even pay off her law school student loans....more

2/9/2015 - Jury Awards Law Firm Associates Law Firm Partners Marchuk v Faruqi Sexual Harassment

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