Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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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

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

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

“Weakest link” is no way to run your workplace

He was fired only 78 days later, and he hadn’t even had a chance to take over the show. His “listening tour” with employees, which began in September and was continuing when he was fired, is supposedly what did him in....more

11/24/2014 - Hiring & Firing Holiday Parties Holidays UAW Volkswagen

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

10/20/2014 - Cloud-Based Services Corporate Counsel Data Collection Data Protection EEOC Employer Liability Issues Employment Policies Facebook FTC Hiring & Firing Job Applicants Social Media Technology

A Reader Asks: “Is It Me, Or Has Job Interviewing Become Really Complicated?”

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more

10/13/2014 - Corporate Counsel Disability Disability Discrimination Employer Liability Issues Hiring & Firing Job Applicants PDA Pregnancy Pregnancy Discrimination Reasonable Accommodation Religious Discrimination

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

10/6/2014 - Abercrombie & Fitch ADA Disability Discrimination Discrimination EEOC Employer Liability Issues Hiring & Firing Job Applicants Religious Discrimination SCOTUS Screening Procedures

Employers, Don’t Commit These 5 Firing Faux Pas!

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your...more

9/5/2014 - EEOC Employee Rights Employer Liability Issues Hiring & Firing Termination

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

7/25/2014 - Discrimination Employer Liability Issues ENDA Harassment Hiring & Firing Sex Discrimination Sexual Orientation Discrimination Title VII

Employment Law Believe It Or Not!

I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical...more

7/11/2014 - Corporate Counsel Discrimination EEOC Employee Rights Employer Liability Issues Hiring & Firing Marijuana Pregnancy Discrimination Race Discrimination

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

6/20/2014 - ADA Disability Employer Liability Issues Hiring & Firing Interactive Process Reasonable Accommodation

Beware Of Employees Who Are Too Eager To Please

Legend has it that King Henry II of England, angry at his former friend Archbishop Thomas á Becket, vented, “Will no one rid me of this meddlesome priest?” Next thing you know, four of his knights went over to the Cathedral...more

6/17/2014 - Best Management Practices Employer Liability Issues Hiring & Firing

3 Employer Bummers: Veganism A "Religion," ADA Interactive Process Fails, And Costly Severance Mistake

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more

1/4/2013 - ADA EEOC FMLA Hiring & Firing Reasonable Accommodation Religion Severance Pay Termination Veganism

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

1/3/2013 - Breastfeeding Discrimination DOL Email FLSA Hiring & Firing Marital Communications Privilege Melissa Nelson Nelson v Knight Sex Discrimination Termination

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