Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Discrimination

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School’s out! So what’s with this summer employment law quiz?

Posted in Americans with Disabilities Act, Discrimination, Gender Identity Discrimination
No more pencils, no more books, no more teacher’s dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Don’t worry about your score – I’m told that Teacher already has her flip-flops packed and is on her way to Cancun. No. 1. You are the office… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

The “duty to conciliate” doesn’t mean the EEOC has to be reasonable.

Posted in Discrimination, Settlements
Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court’s decision last year in Mach Mining? Hardly any, it appears. In Mach Mining, the Supreme Court decided that courts did have the authority to review the agency’s conciliation efforts (which caused employers to claim it as an… Continue Reading

25 quick takes (no kidding!) on the EEOC’s proposed national origin guidance

Posted in Discrimination, Harassment, Retaliation
These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document is 57 pages long, not counting the table of contents.) I’ll try to focus on the less obvious/more interesting points. Take No.… Continue Reading

An open love letter to Justice Clarence Thomas

Posted in Class actions, Discrimination, Harassment, Transportation Industry
I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a… Continue Reading

Legal, or Illegal? Employee leaves of absence and the ADA

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act
The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable, not-overly-technical “preventive” guidance for employers. Second, let’s see what you know about the EEOC’s position on leaves and the… Continue Reading

BREAKING: North Carolina sues USDOJ over bathroom law

Posted in Discrimination, Gender Identity Discrimination
Law360 reported this morning that the State of North Carolina has filed suit against the U.S. Department of Justice in federal court in Raleigh. The suit seeks a declaratory judgment (official ruling from the court) that, by enforcing HB 2’s provisions regarding “bathroom use and changing facility use by state employees,” the state is not in violation of Title… Continue Reading

EEOC posts fact sheets on LGBT discrimination, transgender issues

Posted in Discrimination, ENDA, Gender Identity Discrimination, Harassment, Settlements, Sexual Orientation
The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding coverage of LGBT issues under Title VII’s sex discrimination provisions. The EEOC’s fact sheet, as well as other materials linked in it,… Continue Reading

Court sheds light on “pregnancy accommodation” obligation after Young v. UPS

Posted in Discrimination, Evidence, Pregnancy
A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster County, New York, provided light duty for employees with work-related injuries but didn’t provide it for anyone else.… Continue Reading

Your labor and employment reading for this weekend.

Posted in Constangy News, Discrimination, FOCUS, Labor Relations, Labor Trafficking, Non-Competition, Only in California
Federal protection for trade secrets, “suitable seating,” inadvertent labor trafficking, Uber’s status as an employer — whew! Be sure to check these out if you haven’t already: *Billy Hammel of our Austin Office and Bill McMahon of our Winston-Salem Office (and my next-door neighbor), with Anna Rothschild of our Washington D.C. Metro Office, are digging… Continue Reading

Vindicated, and it feels so good . . .

Posted in Discrimination, Equal Pay
The Washington Post “Fact Checker” column gave Two Pinocchios last week to the “79-cent pay gap factoid.” That’s the factoid that says women make only 79 cents for every dollar that men make. Debunking that dubious statistic has been my life’s work. And “factoid” was the Post‘s word, not mine! I am not just a blogger. I am… Continue Reading

North Carolina’s HB 2: The final analysis

Posted in Discrimination, Employment at Will, Gender Identity Discrimination, Lawyers!, Sexual Orientation
This will be my last “analysis” post on the wrongful discharge provisions of North Carolina’s HB 2. (I know you are heartbroken!) I’ll continue to post on breaking HB 2-related news as it develops. Several commenters disagreed with my contention that Charlotte’s human rights ordinance, which was amended to include LGBT rights and then nullified by… Continue Reading

A whole bunch of nothing: Five takes on Gov. McCrory’s “walkback” of N.C. HB 2

Posted in Discrimination, Employment at Will, Gender Identity Discrimination, Sexual Orientation
NOTE FROM ROBIN: As you know, my main collaborator on HB2-related developments has been my law partner, Jon Yarbrough, who is in our firm’s Asheville Office. Jon has offered his thoughts about Executive Order No. 93, which Gov. Pat McCrory (R) signed yesterday. My initial thought is that Executive Order No. 93 is a whole bunch of nothing cloaked… Continue Reading

This just in: Gov. McCrory signs Executive Order backing wrongful discharge for “EEO” discrimination

Posted in Discrimination, Employment at Will
Thanks very much to the colleague who just sent me this. Gov. Pat McCrory (R) of North Carolina has signed Executive Order No. 93, which is somewhat of a backtrack on HB 2. Of interest to our readers in the employment community, the Governor declares that he supports restoration of the common-law cause of action for… Continue Reading

Is obesity a “per se” disability? One court says no.

Posted in Americans with Disabilities Act, Discrimination
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was caused by some underlying physiological disorder. In addition, if the individual develops a medical condition… Continue Reading

Ignore the hype: Here’s what employers need to know about North Carolina’s HB 2

Posted in Discrimination, Employment at Will
Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta. UPDATE (6:20 p.m. Friday, 4/8/16): I had a good conversation this evening with Greg Lacour of Charlotte Magazine… Continue Reading

Suit seeks to block N.C. “bathroom bill”

Posted in Discrimination, Employment at Will, Gender Identity Discrimination
Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination. I talked about that here. Here is a copy of the lawsuit, filed today in federal court in Greensboro, North Carolina. The plaintiffs are three individuals (two transgender men… Continue Reading

N.C. “bathroom bill” has a bomb for wrongful discharge plaintiffs

Posted in Discrimination, Employment at Will, Gender Identity Discrimination
Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal “bathroom” ordinance. (More on that in a sec.) But included in the bill is a provision that eliminates the wrongful discharge/public policy cause… Continue Reading

Female lawyers, Republican bosses, and kitchens: The Sequel

Posted in Discrimination, Lawyers!
I have to admit, I was afraid that I might need to go into hiding after I expressed doubts last week about that study claiming that female lawyers don’t do well when their bosses are male Republicans. But the reader feedback has been positive, with the possible exception of an ambiguous comment on LinkedIn (more on that below): From Commenter Oaktown… Continue Reading