Legal

No One Should Ever Have to Choose Between Their Children and Their Job

But if an employee voluntarily makes that choice and fails to meet their employer’s expectations as a result, it is unreasonable to scream discrimination.

Three female associates at law firm Morrison & Foerster have filed an alleged $100 million class-action sex discrimination lawsuit against the firm. They claim that their employer “mommy tracks” lawyer moms working at the firm by denying them opportunities for advancement and higher pay. According to the lawsuit  (care of the ABA Journal): Morrison & Foerster discriminates against Plaintiffs and other…

The 7th Nominee for Worst Employer of 2018 Is … the Pregnancy Provoker

If you call an employee’s pregnancy a 'tumor,' you might be the worst employer of 2018.

Kayla Edwards worked as a cashier for Aramark at its location in Gettysburg National Park. In February 2017, Edwards became pregnant with her third child. That’s when her troubles at work began, at least according to Edwards’ lawsuit  (filed earlier this week in federal court in Pennsylvania). Immediately upon hearing of the pregnancy, Edwards’ supervisor, Suzanne Curtian, is alleged to have…

Maternity Leave Does Not Guarantee Continued Employment

Many terminations are risky, and even the most rock-solid termination can result in a lawsuit.

Michelle Bailey worked in the human resources department of Oakwood Healthcare. During her maternity leave, her immediate supervisor and others assumed her responsibilities and discovered certain deficiencies in how she performed her job. Discovery of those deficiencies led the supervisor to review Bailey’s qualifications as set forth in her employment application. That review, in turn, uncovered an application Bailey had…

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…