Latest Publications


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

Is Telecommuting A Reasonable Accommodation? It Depends.

Here are 10 questions to help you think it through. The Americans with Disabilities Act requires, in appropriate circumstances, that employers make reasonable accommodations for employees with disabilities. A common...more

EEOC Charges Were Down In FY2017 . . . But Don't Celebrate Just Yet

After all, Fiscal Year 2017 ended just about the time that #MeToo began. Last week, the Equal Employment Opportunity Commissions released its charge statistics for Fiscal Year 2017, which ran from October 1, 2016 through...more

Company Settles EEOC Pregnancy Accommodation Suit For $80K

A residential care provider has settled an EEOC lawsuit alleging failure to accommodate an employee's pregnancy. Silverado Menomenee Falls, LLC, a residential care provider, has settled a lawsuit filed by the Equal...more

Religious Discrimination Against One of "Your Own"? Yes, It Can Happen.

It's possible to discriminate against someone of your own faith. And illegal. Carl Smith, a Catholic, was a trainee in Philadelphia's Department of Licenses and Inspection. ...more

Rep. Meehan's Sex Harassment Settlement Proves My Points About NDAs

Once again, I wallow in the mud so you won't have to. Only two weeks ago, I posted about non-disclosure agreements ("NDAs") in sexual harassment settlements, and how confidentiality often benefits the victims....more

EEO-1 Reports For 2017 Are Now Being Accepted!

Employers have until March 31. No comp data required. The Equal Employment Opportunity Commission announced yesterday that its web portal for submission of 2017 EEO-1 Reports is now open and accepting...more

Government Shutdown Central

Hard to believe, but labor and employment services are generally considered "non-essential." :-( You may have heard that the federal government shut down in the wee hours of Saturday morning. For the most part, the agencies...more

Aziz Ansari, And 10 Old-Fashioned Ways To Bail On A Bad Date

Just say no! Of course, the Aziz Ansari "date debacle" (or whatever it was) was not a workplace harassment situation. First, Mr. Ansari and his anonymous date were not co-workers. Second, Mr. Ansari may have been...more

1/19/2018  /  Harassment , Sexual Harassment

Let's Talk About The HHS "Conscience" Protections For Healthcare Employees

Here's what employers need to know. Yesterday, the U.S. Department of Health and Human Services and its Office of Civil Rights announced that they would be enhancing the legal protections for healthcare workers with...more

It's Official: Trump Names John Ring For NLRB Vacancy

As we have expected, President Trump this week nominated John Ring, former law partner of former Board Chairman Philip Miscimarra, to fill the vacancy on the National Labor Relations Board that was created when Mr. Miscimarra...more

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