Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Discrimination

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Sex stereotyping, sexual orientation discrimination, and federal law – crazy-mixed-up right now

Posted in Discrimination, ENDA, Harassment
The Employment Non-Discrimination Act is dead again. Is there any federal law on same-sex harassment or discrimination? If so, what is it? Here are some scenarios that may be helpful in picking through this crazy extremely complex and rapidly transitioning area of the law. (Answers are provided after Scenario 6, below.) The American Bar Association … Continue Reading

An in-depth look at the EEOC’s new Enforcement Guidance on pregnancy

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Lactation, Pregnancy
As promised on Monday, here is my magnum opus regarding the EEOC’s new Enforcement Guidance on Pregnancy Discrimination and Related Issues. (Next week, I’ll try to get back to spurious sexual harassment lawsuits against Yahoo executives and gift cards to employees who don’t go to the bathroom during the work day . . . all … Continue Reading

Employment law BELIEVE IT OR NOT!

Posted in Discrimination, Drug Testing, Pregnancy
Oddities, weirdness, and the strange and unusual from the world of employment law. I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may … Continue Reading

Sex at work: test your knowledge!

Posted in Discrimination, Harassment
How much do you really know about sexual relationships in the workplace? Take my quiz, and find out! Bert gives Ernie all the cushy jobs because they’re having a consensual affair. Can Ernie’s co-workers sue for sex harassment or discrimination? NO, because Bert and Ernie are both men. YES, because Bert’s favoritism creates a hostile … Continue Reading

Stupid “discrimination” complaints: How should an employer handle?

Posted in Discrimination, Harassment, Retaliation
A reader, who has asked to remain anonymous, suggested that I write about employees who make “stupid” complaints about discrimination, harassment, or other allegedly unlawful treatment. The following is a fictionalized email, but it accurately presents the spirit of her concern. Dear Robin, I am a Human Resources director for a government employer. You won’t … Continue Reading

Employment Litigation Lottery: IBM steps away

Posted in Alternative Dispute Resolution, Discrimination, Uncategorized
Is IBM crazy, or just crazy like a fox? Bloomberg BNA reported this week that IBM has stopped providing the “disclosures” required by the Older Workers Benefit Protection Act when it hands out severance packages. As you know, when an employer has a “group termination” — usually, a reduction in force, but a “group” can … Continue Reading