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Are Things Really That Bad For Mothers At Work?

I'm gonna say no. But yes, if you believe Katherine Goldstein of The New York Times. In "The Open Secret of Anti-Mom Bias at Work," she provides an anecdote about a female, feminist boss -- of all people -- who fired a...more

What's On The Feds' Regulatory Agenda

It's all pretty good news for employers. On Wednesday, the federal government issued its 2018 unified regulatory agenda, and the following items will be especially noteworthy to most employers:-...more

#MeToo Quiz!

How much do you really know, from an HR standpoint? It's time for another employment law quiz! I wanted to do one in honor of Mother's Day, but I couldn't top the one I did last year. (If you missed it then, here's the...more

This Is NOT The Way To Beat A Drug Test.

What a maroon. One of the oldest tricks in the book for trying to foil a drug test is to get someone else's "clean" sample of urine and substitute it for your own, "dirty," sample....more

Job Applicants Have Disparate Impact Claim Based On Age, Court Says

An important victory for age plaintiffs. The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a "disparate impact" claim under the federal Age Discrimination in...more

The Employer's Side Of The Story.

Employees talk about why they were fired. Here are the parts they may have left out. Our old friend, the Daily Mail, had an article this week about a Whisper thread in which employees talked about the crazy reasons their...more

Jury Socks It To "Onionhead" Employer For $5.1 Million

It's enough to make an "onionhead" weep. A few years ago, the Equal Employment Opportunity Commission sued this employer -- who allegedly discriminated against, harassed, and retaliated against a number of employees who...more

Don't Scrap The "Severe Or Pervasive" Standard In Sex Harassment Cases

There are probably worse ideas, but I can't think of any right now. Legislation is pending in Minnesota (House File 4459) that would expressly remove the "severe or pervasive" requirement for a sexual harassment claim...more

Want More Money? Be Ugly!

So, this is why I'm not a millionaire! A study by Management professors at the London School of Economics and the University of Massachusetts has concluded that ugly people are more highly compensated than pretty people....more

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

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