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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

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

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

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

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

"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

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

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

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