Legal

If You Weren’t Angry About Fired Saints Cheerleader Before, You Will Be Now

Remember Bailey Davis? She’s speaking out about her alleged discriminatory treatment and discriminatory policies in professional cheerleading in general.

Remember Bailey Davis? She’s the New Orleans Saints cheerleader fired for violating the team’s social media policy. Her offense? This photo, which she posted to her personal Instagram. She’s already filed a civil rights complaint, and now she’s speaking out about her alleged discriminatory treatment and discriminatory policies in professional cheerleading in general.  She spoke to The Daily on April 18. This 25 minutes…

Anti-harassment Anthems

Rock music has always tackled the important social issues of the times, and #MeToo should be no exception.

Yesterday, I came across the very cool video for a new Speedy Ortiz song, “Villain.” The song tackles issue of harassment, assault, and consent. Rock music has always tackled the important social issues of the times, and #MeToo should be no exception. Which got me thinking, what are some other songs that take on similar themes and issues? I came up with…

#MeToo Might Want to Consider #MenToo

Cases emerge that share two defining characteristics: men exerting power over other men through sexually degrading misconduct.

According to the Washington Post, nearly one in five — about 17 percent — of harassment complaints filed with the EEOC come from men. And many involve same-sex harassment. Some examples: Example 1: “A group of salesmen were subjected to severe and repeated sexual harassment by male managers. The unlawful conduct included the touching and grabbing of genitals, pelvic thrusting…

Cyclist Fired for Flipping Off Presidential Motorcade Sues Ex-employer

I am skeptical that this claim has legal merit. But stay tuned. I have a feeling this case is going to have a long and interesting journey.

You may recall Juli Briskman, the bicyclist who flipped the finger to Trump’s passing motorcade, and lost her job after a photo she posted went viral. Ms. Briskman is not taking her termination lying down. In what appears to be a deep-funded and well-orchestrated campaign, she has filed suit in Virginia state court against her ex-employer. Indeed, most employment plaintiffs don’t launch a…

Don’t Sleep on Verifying Reasonable Accommodations

I’m also not sure what accommodation a hotel can make for front-desk clerk who falls asleep on the job.

George Hirmiz, a front-desk clerk at a Travelodge Hotel, was caught on video sleeping in the hotel lobby while a fight broke out among its guests. After the hotel fired him, he claimed disability discrimination. His disability? An alleged illness that he had contracted from long-term exposure to high levels of electromagnetic voltage at the hotel. The 7th Circuit had little…

Can Employers Rely on Federal Ban on Cannabis?

Employers should engage in the interactive process with an applicant or employee who tests positive for cannabis if an alleged disability is at issue.

The Trump administration’s renewed directive to prosecute “marijuana activities” calls into question a recent decision from the Massachusetts Supreme Court finding employers may not rely on the federal prohibition when determining the qualifications of an applicant. In Barbuto v. Advantage Sales & Mktg. LLC, an applicant claimed she was discriminated against on the basis of her disability, Crohn’s disease, after…

McDonald’s Settles Joint Employer Case With NLRB

Let's hope these recent developments signal a return to a more common sense, business-friendly joint employment standard.

It has been nearly four years since the NLRB filed complaints against McDonald’s, seeking to hold it liable as a joint employer for the unfair labor practices of its franchisees. I have suggested that “if franchisors are equal under the National Labor Relations Act with their franchisees, then we will see the end of staffing agencies and franchises as a viable business…

The Case of the Vanishing Stock Option

The enforceability of noncompetition and nonsolicitation agreements is governed by state law; each state has its own legal standard.

Donald Simota joined Stericycle Inc. to become its operations manager. He signed a noncompetition agreement that provided an option to purchase shares of Stericycle’s common stock, an option that would vest after a period of time. Thirteen months later, Simota resigned from Stericycle and joined its competitor, Patriot Environmental Services. Stericycle sued Simota under the agreement he signed. Simota filed…

Tattoos at Work: More Acceptance, Yet Still Some Legal Risk

While employers do have discretion in hiring or firing because of tattoos, they must be careful to ensure that such actions are grounded in a legitimate business reason.

While employers do have discretion in hiring or firing because of tattoos, they must be careful to ensure that such actions are grounded in a legitimate business reason.

6th Circuit Concludes That Title VII Prohibits LGBT Discrimination

A growing number of federal appellate courts are deciding that Title VII’s prohibition against sex discrimination expressly covers LGBT employees. This is just the latest.

Yesterday, the 6th Circuit Court of Appeals joined a growing number of federal appellate courts to hold that Title VII’s prohibition against sex discrimination expressly covers LGBT employees.