The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an … Read more
Your Company Could Be a Joint Employer For Title VII Liability
I’m trying to remember the last time that I did a “joint employer” post. It’s been a while for sure. But, since I just finished reading this NY federal … Read more
Is an Employee’s #MeToo Social Media Post a Harassment Complaint?
Dear Littler: I work in HR and have a very modern-day dilemma. An employee (Lauren) told me about a social media post by another employee (Jane). I don’t … Read more
The Risks of Not Hiring: Adverse Action and Ban-The-Box
You already know how difficult it can be landing the right new hire. Nailing the job description. Asking the right interview questions (and avoiding the … Read more
Supreme Court Asked to Decide If Title VII Covers Sexual Orientation
Can employers discriminate against a person on the basis of their sexual orientation? Until this spring, the answer was yes. For years, federal courts have … Read more
Are You Ready For Whatever Happens August 21?
You look around the office in two weeks, and suddenly, without warning, everyone is gone. Or perhaps you’re hearing from managers that an unusual … Read more
Court Says You Can Fire A Worker You Believe Made Up A Discrimination Claim
It’s not just people who fabricate complaints of discrimination at work who can be fired, but those whom you believe fabricated discrimination claims. … Read more
What We Can Expect From the EEOC In 2017
In recent years, it has been difficult to predict with certainty what employers can expect from the Equal Employment Opportunity Commission (EEOC). While … Read more
EEOC Settles First Sexual Orientation Lawsuit
In early March, the U.S. Equal Employment Opportunity Commission filed its first lawsuits, in which it alleged that employer had violated Title VII by … Read more
EEOC Says Transgender Employees Can Choose Their Bathroom
Around this time last year, I blogged here about OSHA’s Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be … Read more
How Far Must You Go to Accommodate Wild Religious Beliefs?
By Eric B. Meyer Most employment lawyers — especially us blogger types — are never at a loss for a good war story. Like that time I sat through the … Read more
One Good Reason Why You Never Want to Deal With a Retaliation Lawsuit
By Eric B. Meyer What happens when an employee’s national origin claim becomes a retaliation lawsuit? Late last week, Kurt Orzeck at Law360 wrote … Read more
A Sobering Lesson: Why HR Needs to Be Up to Date on Accommodation Requests
By Eric B. Meyer It was the bottom of the first page of this recent federal court opinion in EEOC v. Star Transport, Inc. really grabbed my attention: In … Read more
Why Is Pregnancy Such a Touchy Subject In Employee Wellness Health Assessments?
By Julie Appleby, Kaiser Health News “Are you pregnant?” It’s a topic employers generally avoid, since the Pregnancy Discrimination Act of 1978 prohibited … Read more
What the Court’s Same-Sex Marriage Decision Means For the Workplace
OK, presumably I’m not the only employment lawyer trying to apply the U.S. Supreme Court’s decision in Obergefell v. Hodges to the employer-employee … Read more
My Religion or My Job: Yes, This May be a Hostile Workplace Environment
By Eric B. Meyer It’s not that often that you come across a case where an employee alleges a hostile work environment based on religion. Sex? Sure. Race? … Read more
Protected Workplace Conduct Is “As Simple as Telling a Supervisor to Stop.”
By Eric B. Meyer When I think about retaliation, I think about who gets fired after complaining about discrimination to an HR Manager or the EEOC. These … Read more
Dealing With the “Bathroom Issue” and Transgendered Employees
By Eric B. Meyer On my speaking gigs around the country, what’s the biggest issue I hear from HR professionals involving transgender employees? Yep, it’s … Read more
Court: Demanding a Social Security Number Isn’t Religious Discrimination
By Eric B. Meyer Remember that blog post I had from July of last year, the one you contemplated getting tattooed on your back? Yeah, you know the one … Read more
Federal Court Allows Discrimination Against Transgendered Employee
By Eric B. Meyer Under federal law (Title VII), employers cannot discriminate because of one’s sex. While Title VII does not explicitly coverage … Read more