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Employment & Labor Insider

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Category Archives: Discrimination

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Be thankful you’re not an employment law turkey

Posted in Discrimination, Harassment, Pregnancy, Retaliation, Social media, Work-Life Balance
Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments. I’m thankful that I’m not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he’s… Continue Reading

Pretty good year for the EEOC (in pictures)

Posted in Class actions, Discrimination
Bloomberg BNA reports that the Equal Employment Opportunity Commission had a good year in FY 2015, which ended September 30. The agency collected more than $526 million in relief in all types of cases, involving federal as well as private-sector employees. If you have the ambition to read all 106 pages of the agency’s report, please be my… Continue Reading

BEFORE YOU SUE: 10 questions every employee should ask

Posted in Class actions, Discrimination, Employment at Will, Evidence, Harassment, Retaliation
Last week, we talked about 20 things an employer should ask itself before terminating an employee. In the interests of fairness, here are 10 things that an employee should ask before suing an employer. You should know that I generally don’t believe that lawsuits are the best way to resolve problems. (I realize that there are exceptions.)… Continue Reading

BEFORE YOU FIRE: 20 questions every employer should ask

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Evidence, Family and Medical Leave Act, Harassment, Labor Relations, Protected Concerted Activity, Retaliation, Safety, Settlements, Unemployment, Workers' Compensation
So you think you’re ready to terminate an employee. Are you really? Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments. GETTING STARTED No. 1. Is the employee covered by a collective bargaining agreement?… Continue Reading

Straight from the source: EEOC’s 10 hottest litigation trends

Posted in Americans with Disabilities Act, Background Checks, Class actions, Discrimination, Harassment, Pregnancy, Retaliation, Settlements, Telecommuting
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez – who… Continue Reading

HR FUN PUZZLE: Find what the AARP did right with this underperforming employee

Posted in Discrimination
If the AARP can’t win summary judgment in an age discrimination case, then who can? Who’d believe that the American Association of Retired Persons would fire somebody because she was too old? Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The… Continue Reading

T.J. Simers discrimination trial: Are you paranoid if they really ARE out to get you?

Posted in Corporate Culture, Discrimination, Evidence
T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination. We’re providing regular coverage of the jury trial, which is expected to last about four more weeks. For the background on Mr. Simers’ termination, go here. For the testimony of Mr. Simers’ psychiatrist earlier… Continue Reading

Double whammy for employer who won’t accommodate pregnancy — but will the EEOC’s case survive?

Posted in Americans with Disabilities Act, Discrimination, Pregnancy
This case may have some problems, but it’s a good illustration of why employers need to be careful, post-Young v. UPS. Thanks very much to Bill Goren for sending it my way. The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis… Continue Reading

EEOC wins most of discovery dispute in transgender case

Posted in Discrimination, Gender Identity Discrimination
In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender woman. The Defendants, represented by the Alliance Defending Freedom, had served discovery on the EEOC, seeking intimate details about Ms. Stephens’s transition, including… Continue Reading

What’s your two cents? Employment law in the news

Posted in Discrimination, Lawyers!, Social media
I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before I left. With apologies to John Oliver, let’s just call it “Last Week Today.” (Hey! I’m on vacation!) Feel free to debate and… Continue Reading

When terminating an employee, is a clean break better than a long limbo?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Workers' Compensation
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following: Nothing Issue 8 bazillion warnings but never act on… Continue Reading

Employment law autopsy: “Old fart” gets fired

Posted in Discrimination, Employment at Will
Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday. And don’t call his co-workers “old farts” right before you fire the co-workers. And don’t give your “old fart,” who has only a first-level warning on his record, three or four “progressive” warnings on the day that you… Continue Reading