Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

Contact  |  View Bio  |  RSS

Latest Posts › Hiring & Firing

Share:

Do Your Employee-Recruiting Practices Make You A White-Collar Criminal?

You need to hire some employees, and you want to pay them well, but not more than necessary. You place a call to a friend who works for one of your competitors and ask what her company is paying new hires in these positions....more

11/17/2016 - Antitrust Division Antitrust Violations DOJ FTC Hiring & Firing Human Resources Professionals No-Poaching Wage and Hour Wage-Fixing

Appearance code quiz for employers!

How much can you do – and not do – about your employees’ personal appearance and grooming? Take this quiz and find out! As usual, I’ll have the answers at the end, so if you get one wrong, no one but you will know....more

11/4/2016 - Appearance Policy Hiring & Firing Reasonable Accommodation Religious Discrimination

Peanut Passions, The ADA, And Co-Workers Who Take An Employee’s Allergy With A Grain Of Salt

Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more

10/7/2016 - ADA Disability Food Allergies Hiring & Firing Reasonable Accommodation

About that new “cat’s paw” decision . . .

Employers should beware of being too quick to believe an employee who accuses a co-worker of wrongdoing. If the accuser has an illegal motive (such as discrimination or retaliation), and if the employer is “negligent” in...more

9/2/2016 - Cat's Paw Employer Liability Issues Hiring & Firing Retaliation Sexual Harassment

Shoddy Harassment Investigation Comes Back To Bite Employer

Employers, has this ever happened to you? An employee has accused her boss of sexual harassment. Right now, it’s her word against his, but you might be able to find out the truth if you interview her co-workers. The...more

8/26/2016 - Harassment Hiring & Firing Investigations Punitive Damages Sexual Harassment

Hallelujah! 5 Things About Religion In The Workplace That You May Not Have Known

Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC’s older Q&A and Best Practices on religious...more

7/27/2016 - EEOC Hiring & Firing Religious Accommodation Religious Clothing Religious Discrimination Title VII

NC “bathroom bill” – the latest developments

It’s been a while since I’ve written about H.B. 2, the North Carolina “bathroom bill,” and I need to get with it. Wrongful discharge claim based on discrimination is back. As we expected, on July 18, Gov. Pat McCrory...more

7/22/2016 - Cause of Action Accrual Gender Identity Governor Pat McCrory Hiring & Firing Statute of Limitations Wrongful Termination

“EEO” Wrongful Discharge May Soon Return To North Carolina

I don’t plan to post much more about North Carolina’s HB 2 “bathroom bill” until we start getting court decisions, but this is newsworthy. As I’ve previously noted, HB 2 had a provision that eliminated the cause of...more

7/6/2016 - EEO General Assembly Hiring & Firing Statute of Limitations Wrongful Termination

25 Quick Takes (No Kidding!) On The EEOC’s Proposed National Origin Guidance

These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document...more

6/3/2016 - Corporate Counsel EEOC Employer Liability Issues Hiring & Firing National Origin Discrimination Title VII

Lego-Based Workplace Harassment Will NOT Be Tolerated.

You’ve heard of sex-based harassment, race-based harassment, and disability-based harassment. But have you ever heard of Lego-based harassment? Shawn Roy was terminated from his job because he was allegedly creating...more

4/28/2016 - Harassment Hiring & Firing Termination Unemployment

More On HB 2 And Wrongful Discharge: My Response To Charlotte Magazine

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article “The...more

4/11/2016 - EEOC Employee Restrooms Hiring & Firing LGBT Wrongful Termination

Ignore The Hype: Here’s What Employers Need To Know About North Carolina’s HB 2

Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more

4/8/2016 - Corporate Counsel EEOC Employee Restrooms Hiring & Firing LGBT Popular Statute of Limitations Wrongful Termination

Is Obesity A “Per Se” Disability? One Court Says No.

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was...more

4/8/2016 - ADA EEOC Hiring & Firing Obesity Weight Discrimination

N.C. “Bathroom Bill” Has A Bomb For Wrongful Discharge Plaintiffs

Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal...more

3/25/2016 - EEOC Employment Discrimination Hiring & Firing LGBT Sex Discrimination Wrongful Termination

Female lawyers, Republican Bosses, and Kitchens: The Sequel

I have to admit, I was afraid that I might need to go into hiding after I expressed doubts last week about that study claiming that female lawyers don’t do well when their bosses are male Republicans. But the reader feedback...more

3/18/2016 - Employment Discrimination Equal Opportunities Hiring & Firing Legal Opinion

How Would You Rate Yelp As An Employer?

How many stars would you give Yelp as an employer? Read on! I’m sure you’ve all heard by now about Talia Ben-Ora, the Yelp employee who was trying to live in the San Francisco area working as a minimum-wage customer...more

2/25/2016 - Hiring & Firing Yelp

BREAKING: Transgender Claim Will Go To Jury

Last year, Tommy Eden had a post about a gender identity lawsuit in which an employer in Georgia actually won summary judgment. A reader alerted me last night that a panel of the U.S. Court of Appeals for the Eleventh Circuit...more

1/15/2016 - Employment Discrimination Gender Identity Hiring & Firing Summary Judgment Transgender

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on...more

12/14/2015 - ADA Coaches Disability Discrimination Drug & Alcohol Abuse FEHA Hiring & Firing Interactive Process Reasonable Accommodation University of Southern California (USC)

As The Rotunda Turns . . . Affair, Coverup, Retaliation — And Lawsuit Against State House

You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back....more

12/14/2015 - Defamation Free Speech Hiring & Firing Political Scandals Retaliation Whistleblower Protection Policies Wrongful Termination

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

11/27/2015 - Discrimination Hiring & Firing Sexual Harassment Termination Wrongful Termination

Before You Fire: 20 Questions Every Employer Should Ask

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments....more

11/16/2015 - Collective Bargaining Agreements (CBA) Employment Discrimination Employment Policies Hiring & Firing Popular Protected Concerted Activity Wrongful Termination Young Lawyers

Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

10/30/2015 - ADA Background Checks Conciliation Criminal Background Checks EEOC Employer Liability Issues Harassment Hiring & Firing Immigrants LGBT Pregnancy Discrimination Reasonable Accommodation Retaliation Sex Discrimination

HR FUN PUZZLE: Find What The AARP Did Right With This Underperforming Employee

Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The plaintiff was 50 when she was hired by her 56-year-old...more

10/5/2015 - AARP Age Discrimination Best Management Practices Hiring & Firing Performance Reviews Summary Judgment

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more

9/30/2015 - ADA ADAAA EEOC Employer Liability Issues Enforcement Actions Hiring & Firing Medical Leave Pregnancy Discrimination Reasonable Accommodation Screening Procedures Young v United Parcel Service

49 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×