RSS icon

Top Stories

Discrimination and EEOC Compliance

Legal Briefing: Discrimination as a Substantial Motivating Factor

March 8, 2013
Comments (0)
Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor's note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, alleging pregnancy discrimination in violation of California's Fair Employment and Housing Act.
Read More

Legal Briefing: Religious Objections to Health Care

February 28, 2013
Comments (0)
The Patient Protection and Affordable Care Act has been challenged in several recent cases. Its provisions require that employers provide contraceptive coverage. Several business owners and organizations have gone to the courts since they objected to providing health care to their employees that opposed the companies' religious beliefs.
Read More

How Long Is Too Long for an Unpaid Medical Leave of Absence? Not Two Weeks and a Day

February 27, 2013
Comments (0)
Think long and hard before you deny a request for unpaid time off for an employee's medical issue, and, when in doubt, call your employment counsel for a sanity check.
Read More

It's Your Last Chance … to Avoid Retaliation

February 22, 2013
Comments (0)
Agreements are wonderful tools to use with our employees. They come in all shapes and sizes. No matter the agreement, however, there is one clause that it cannot contain: a covenant by the employee waiving his or her right to file a charge of discrimination with the EEOC.
Read More

Religious Objections to Health Care Requirements

February 22, 2013
Comments (0)
Sakile Chenzira sued her employer, claiming she was discriminated against because of her religious beliefs in veganism. The U.S. district court ruled that veganism could be considered a “religious practice” and that Chenzira may have a plausible bias claim against the hospital.
Read More

Customer Preference Does Not Protect Employers From Race Discrimination Claims

February 21, 2013
Comments (0)
If you find yourself in a position of having to face down a customer making such a request, take a stand. Tell the customer, “We don't treat our employees like that, and if you can't deal, we don't need your business.” Be the better corporate citizen. It's not just the legal way to act, it's the moral way to act.
Read More

Happy ADEA Day (to Me). Now Let's Rewrite the Age Discrimination Laws.

February 13, 2013
Comments (0)
Today, to mark the ruby anniversary of my birth, I am starting a movement to change the protections of age discrimination laws from age 40 to age 50.
Read More

How Do You Fight Invisible Discrimination?

February 4, 2013
Comments (0)
If we foster a workplace of openness and inclusion, when that hatred exposes itself employees will understand that it belongs to a rogue and not your company, and hopefully, choose not to hold you accountable (provided you respond quickly and decisively when brought to your attention).
Read More

Are Employers Screwing Up the FLSA's Lactation Mandate? Probably Not.

January 30, 2013
Comments (0)
A little more than a year ago I pointed out that the Labor Department had only cited 23 companies, or 0.023 percent of all companies with 100 or more employees, with inadequate lactation accommodation. Now, with an additional six months of data, the number of citations has jumped by 13, from 23 to 36.
Read More

But He Looked Black … Court Rebukes EEOC's Use of “Race Rating” in Systemic Lawsuit

January 29, 2013
Comments (0)
In other words, the agency charged with ending racial stereotypes in the workplace based its entire case on stereotypical ways in which different races “look.”
Read More