Unlike employers, courts favor equities and try to avoid inequitable results.
The announcement is the first concrete details about these long-rumored rules, and could become a key part of President Obama’s legacy, which, unlike the Affordable Care Act, will be done without Congressional approval.
I believe that a majority of Americans now support the extension of all civil rights to the LGBT community.
Employers can be guilty of retaliation even where the only person aware of the protected activity is the harasser.
Employees may have a valid retaliation claim if an adverse action occurs following an internal complaint.
I have yet to read an opinion that suggests that legalized marijuana requires accommodation by employers for workplace use, even for medicinal purposes.
When it comes time to demote an employee, transparency is key.
This case is a scary reminder of how far the NLRB and its judges will go to fine protected concerted activity.