It’s refreshing to read a judicial opinion that offers a little common sense, but that should be the rule rather than the exception.
Employee have a right to express protected conduct without reprisal, just as employers have the right to discipline or terminate insubordinate employees.
ENDA or no ENDA, the EEOC will accept charges alleging LGBT discrimination under Title VII’s sex-discrimination prohibition.
If you exercise any control over how workers perform services for you, it is likely that they should be classified as employees, not independent contractors.
If you don’t have a document-retention policy, you should.
If you use selection criteria or tests for hiring (criminal records, credit records, etc.), you must maintain those records for all applicants.
Fighting this issue will play into the hands of labor unions that they are needed to increase worker pay and to generally fight for their workplace rights.
I’ve written before about the need to put the human back in human resources. The EEOC apparently agrees with me.
Unlike employers, courts favor equities and try to avoid inequitable results.
The ruling confirms that employers need to practice vigilance in classifying an entry-level worker as an unpaid intern or an employee.