Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “Rule 12(b)(6)”

“Overqualified,” or just too old?

Posted in Discrimination, HR
Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with… Continue Reading

Too cute to work?

Posted in Defamation, Discrimination
In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her chiropractor boss and his wife (who was the COO of the practice) fired her solely because of… Continue Reading

The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision

Posted in Discrimination, Sexual Orientation
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent… Continue Reading

Document review attorneys may not be exempt from OT, court says

Posted in Class actions, Lawyers!, Wage-Hour
Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday. Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually… Continue Reading

EEOC transgender case in Detroit will go forward

Posted in Civil Procedure, Discrimination, Gender Identity Discrimination
As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area. And as I reported last week, the Florida case settled for $150,000 plus some training and other… Continue Reading

5 reasons for employers to “hold their fire” on dismissal of employment suits

Posted in Civil Procedure, Discrimination, Employment at Will
Defense lawyers often try to dismiss employment lawsuits too early, costing their clients time, money, and sometimes the good will of the judge, which is never a good thing. Here are five reasons why an early motion to dismiss may not be in your best interests as an employer. Our "no legalese" guarantee still applies.… Continue Reading