Nine out of the last 10 Congresses have tried to pass a version of the Employment Non-Discrimination Act, which among other things, would add “sexual orientation and gender identity” to the list of classes protected under Title VII. It has failed each time. Courts and the EEOC, however, continue to give the LGBT community that which the legislature has rejected.Read More
The potential of a retaliation claim certainly ups the ante when terminating an employee who has complained about discrimination.Read More
The 7th U.S. Circuit Court of Appeals in Chicago said in its ruling in Daryl Scruggs vs. Carrier Corp., that inconsistent documentation provided by Scruggs was enough to justify his termination.Read More
As a recent case points out, telecommuting as a reasonable accommodation remains the exception, not the rule.Read More
The federal district court ruling said the court had stayed briefing on St. Peter's motion to dismiss the case pending the Supreme Court's decision.Read More
The Hewlett-Packard-IBM story strongly suggests that, increasingly, the lower road does not compute.Read More
Halting confidential workplace investigations serves no one's interest, including the employees the agency is sworn to protect.
The takeaway might simply be that employers remind their employees to 'be professional' online, and that businesses will hold employees accountable for what they post that could cast the company in a bad light.Read More
Said one attorney, in cases where off-color language is used, the ruling signifies the importance of finding out 'how that language was used to determine what steps the employer should take and how they should go about investigating' it and imposing discipline.
In ordering an employee's termination, the owner of Hawaii Healthcare allegedly told a manager that the employee 'looks old,' 'sounds old on the telephone,' and is 'like a bag of bones.'