RSS icon

Top Stories

Discrimination and EEOC Compliance

Employee Medical Information and Social Media

June 24, 2013
Comments (0)
Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
Read More

Title VII Does Not Give Employees the Right to Proselytize

June 21, 2013
Comments (0)
If you permit one employee to share his or her religious views in the workplace, you will have a difficult time disciplining or terminating another for the same reason. Employers and their employees should keep religion where it belongs—in the home and in places of worship.
Read More

Classification of Obesity as a Disease Has Huge Employment Law Implications

June 20, 2013
Comments (0)
Conventional wisdom has been that normal, run-of-the-mill obesity, unlinked to an underlying medical condition such as diabetes, is not a disability protected from discrimination by the Americans with Disabilities Act. This decision by the AMA, however, will likely flip that conventional wisdom on its head.
Read More

Controlling the Discrimination Case

June 5, 2013
Comments (0)
How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.
Read More

Facebook Posts as Evidence of Retaliation

June 4, 2013
Comments (0)
Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.
Read More

Lactation Discrimination Equals Pregnancy Discrimination

June 3, 2013
Comments (0)
Because men cannot lactate, it is discriminatory to deny an employee's lactation request, because such a denial would necessarily treat women (or, more specifically, child-bearing women) differently than men.
Read More

Angelina and GINA

May 30, 2013
Comments (0)
Even though GINA has been law for more the four years, it is seldom discussed or understood. Employers need to take this lesson to heart. Genetics -- both an employee's and that of one's family members -- is off limits in employment.
Read More

When State Law Conflicts With the EEOC on Criminal Background Checks, Who Wins?

May 23, 2013
Comments (0)
Talk about a tough position in which to place an employer. Does the employer violate state law or violate Title VII? Ultimately, I think the correct answer should be neither.
Read More

Patriots Cutting Diabetic Player Raises Serious ADA Issues

May 16, 2013
Comments (0)
It is an understatement to characterize this termination—undertaken without any apparent consideration of whether the team could accommodate the diabetes—as high risk. It would not surprise me in the least if, given the high profile nature of this employment decision, the EEOC takes up Kyle Love's cause to further its mission of disability-rights awareness.
Read More