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50 States, 50 Sexual Harassment Training Requirements

Coming soon to a nation near you. New York State and New York City have enacted laws that require employers to provide sexual harassment training, joining California, Connecticut, and Maine....more

Rev. Ernest Angley Wins Wage-Hour Case

If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big...more

Proto-Sexual Harasser Found!

This Paneb makes Harvey Weinstein look like a choirboy. An ancient Egyptian papyrus details allegations against Paneb, who among many other crimes, allegedly sexually harassed (to put it mildly) women in roughly 1200 B.C....more

Is Use Of Salary History Inherently Discriminatory?

One court says yes, but it's complicated. How quickly things change. Last week, I was all mellow about the gender pay gap. Then, on Monday, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Rizo v....more

Senate Confirms John Ring To NLRB

The GOP majority is back, baby! The Senate confirmed John Ring's appointment to the National Labor Relations Board, filling the vacancy created when former Chairman Philip Miscimarra stepped down in December....more

Employers, You Can Still Win A Transgender Bias Case.

Do it the old-fashioned way. Many employers are wary of taking action against a transgender applicant or employee in light of recent court decisions finding that transgender discrimination violates Title VII. Employers...more

The Gender Pay Gap Is Smaller Than You Think.

Career interruptions negatively affect pay. Who knew? It's spring, and so it's time for my annual rant against media coverage and political pronouncements about the "gender pay gap....more

Want A Baby? Line Up By Seniority, Please.

Yikes. Sounds like Japan is past due for a Pregnancy Discrimination Act. According to the Daily Mail, workers in Japan who want to get pregnant are expected to do it in order of seniority (meaning, "time on the job" rather...more

It ain't cool to be an April Fool.

The classic employment law/HR mistakes will always be with us. But are you ignoring these newer issues, hoping they're just flashes in the pan? Don't be an April fool! 1. Reassessment of marijuana testing in the workplace. If...more

Second-Guessing The Advice Columns: #MeToo Edition

Don't these columnists read the papers? The advice columnists had two big blunders this week on the topic of workplace sexual harassment....more

Sexts, Lies, And -- Crickets? The Week's Worst Employees

Sheesh. I know I'm always preaching to employers about how not to be jerks and how to treat employees legally and fairly. But not everything is the employer's fault. How would you like to have these people working for you?...more

Trump Nominates General Counsel To EEOC

It's the attorney who won the ground-breaking "pregnancy accommodation" case. President Trump has nominated Sharon Fast Gustafson to be General Counsel of the Equal Employment Opportunity Commission. That position has been...more

The Breakdown On That "Transgender Funeral Home" Decision

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more

March Madness At Work! Fool Your Boss!

Watching basketball when you should be working? The March Madness website is here to help you. The First Four of the NCAA men's basketball tournament starts this evening, and all of the tournament games will be available...more

3/13/2018  /  March Madness

"This Week In Employment Law" Quiz!

Are you in the know? Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will...more

Will Drug Testing Become A Thing Of The Past?

Incremental "tweaks" might be the best course for employers. According to an article in Bloomberg BNA's Daily Labor Report (paid subscription required to access), employers are beginning to scale back their drug testing...more

Another Court Says Title VII Bans Sexual Orientation Bias: Debating The Issues

Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday. As I reported briefly on Monday, the U.S. Court of Appeals for the Second Circuit has decided in Zarda v. Altitude Express (aka...more

BREAKING: Another Appeals Court Says Title VII Bans Sexual Orientation Bias

Today's decision (all 163 pages of it) is from the Second Circuit (Connecticut, New York, and Vermont). This was in Zarda v. Altitude Express, the "gay skydiver case" I've written about before. I haven't had a chance to...more

ALJ Decision In Favor Of Union Is Vacated For -- Sexism!

Interesting. The National Labor Relations Board has vacated the decision of an administrative law judge on the ground that his credibility determinations "were based on sex stereotypes and demonstrated bias." The...more

10 Ways Employers Give Their Employees A "Bad Hair Day"

Have I missed any? A recent poll of 2,000 American workers said that people have an average of about 60 bad days a year. (People actually keep track of such things? And, define "bad.") Of those 60-some bad days a...more

I Have An Excuse To Write About Stormy Daniels And Donald Trump.

Life is good. Does Stormy Daniels get to spill the beans on her alleged affair in 2006 with Donald Trump? Despite the fact that she was under a non-disclosure agreement? Maybe yes, and maybe no. It may depend on what...more

A Ho-Hum EEOC Strategic Plan? Maybe That's Not So Bad.

Not a lot to the EEOC's 2018-22 Strategic Enforcement Plan, but that might be good for employers. The Equal Employment Opportunity Commission recently released its Strategic Enforcement Plan for 2018-2022. During the...more

The Latest Workplace Problem: Workers With Too Little To Do

Killin' time with Snapchat and Candy Crush during working hours. Ed Zwim of the New York Post reports on a study showing that employees who don't have enough work to do is becoming a big problem:- "Idle time in fact...more

Have A Workplace Romance Question? Ask The Doctor!

Workplace romance in the #MeToo era is so complicated. NOTE FROM ROBIN: Dear Readers: In honor of Valentine's Day (this coming Wednesday), I am pleased to welcome a guest advice columnist, Dr. Loveless, who will answer all...more

Criminal Background Guidance Enjoined -- Could That Affect You?

An injunction of the EEOC's 2012 Guidance on use of criminal background information applies only to the State of Texas . . . but all employers might be able to make use of it. Back in 2012, the Equal Employment Opportunity...more

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