The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more
8/23/2016
/ Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sexual Orientation Discrimination ,
Termination ,
Title VII ,
Transgender
Another NLRB bombshell. The NLRB used to “defer” statutory issues to arbitration. For example, if an employer and union arbitrated the issue of an employee’s discharge for good cause, the NLRB would not then prosecute an...more
An employer thought one particular employee was obviously unwell. The employer placed her on FMLA leave and required her to get certification of fitness to return to work. The first doctor released her to work. A second...more
These days, everyone has good reason to be leery of threats in the workplace, and the courts are generally supportive of employers who take those threats seriously. A recent Tenth Circuit decision is a good example. ...more