LexisNexis® Legal Newsroom
What Does SCOTUS Same-Sex Marriage Decision Mean for Employers?

Maybe not that much, depending on where you are and how “proactive” you’ve already been before now. Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers [subscribers can access an enhanced version...

Multi-Agency Guide Updates LGBT Discrimination Protections for Federal Workers

On June 3, 2015, four U.S. Government agencies released a guide on rights and protections afforded to federal employees and applicants who allege sexual orientation or gender identity discrimination. The guide reflects a growing body of case law that supports the proposition that Title VII of the Civil...

New Jersey Has Some Crazy Rules on Using Confidential Documents to Prove Discrimination

Unless you practice law or operate a business in New Jersey, you just don’t know. You, the naive reader, may assume that California is the state with the most employee-friendly laws. And, while that may be true, New Jersey isn’t too far behind. For example, back in 2010, the NJ Supreme...

Women Aren’t Lead Counsel as Often as Men – It’s Gotta Be Bias!

“I like it when the judge calls me ‘honey’ – that means he’s going to grant my motion.” — Quote from real female attorney I know, circa 1990. Does the court system discriminate against women lawyers? Could be!!!! Anyway, that’s what a couple...

EEOC Announces That Title VII Treats All LGBT Discrimination As Unlawful Sex Discrimination

Last week, the EEOC released a historic decision on same-sex employment discrimination rights [pdf] . The EEOC confirmed that, in its opinion, Title VII expressly bars discrimination based on sexual orientation. When you couple this decision with an earlier 2012 decision on transgender workplace rights...

Coming Soon: A New, Comprehensive LGBT Anti-Discrimination Bill in Congress

On Monday , I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII . Yesterday, I took up the First Amendment Defense Act , which has been described by the ACLU as “Indiana on Steroids .” On Thursday, make...

The Americans with Disabilities Act Celebrates Advancing Equal Access for 25 Years

by Sam Hernandez Signed into law by President George H.W. Bush on July 26, 1990, the Americans with Disabilities Act (ADA) has developed into a significant component of the employer-employee relationship. Described as the world’s first most comprehensive declaration of equality for people with...

EEOC Says Sexual Orientation Discrimination Is Already Illegal

This is my first post (other than the blog carnival ) since I got a concussion. A lot has happened in the interim, so I have a lot to catch up on. This week I want to cover what I think is probably the most important development in discrimination law in a long time. That is, the EEOC has issued a decision...

How Kelly Osbourne’s “Poor Choice” of Racist Words Can Help Businesses Address Discrimination

Earlier this year, Kelly Osbourne walked out on E!’s Fashion Police shortly after her co-host, Giuliana Rancic , criticized a young African-American Disney star. Specifically, Ms. Rancic called out the actress for donning dreadlocks at the 2015 Oscars, saying that she must have smelled of “patchouli”...

Second Circuit Weighs in on "the Manager Rule" and Pleading Standards

Earlier this month, the Second Circuit issued its opinion in Littlejohn v. City of New York addressing "the manager rule" under Title VII retaliation claims [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. Sometimes, in retaliation cases, the employee...

HELP WANTED: Seeking Senior VP of Sales, ideally 45-52 years old. Wait, WHAT?!?

I was going to blame the tardiness of today’s post on technical difficulties. Except, the only thing that was technically difficult about it was trying to muster the energy to blog last night after spending four hours in the sun with my 6-year-old at the Eagles first preseason game. I’m happy...

Can an Employee Be Fired For Having Too Many Kids?

Yahoo’s CEO Marissa Mayer announced this week that she is expecting twin girls , and Yahoo’s stock reportedly took an immediate dive . ( H8rs! ) Mayer said that she plans to take only two weeks off, and she can probably manage that because she has a nice nursery right off her CEO office....

Retaliation Suits Under Title VII in the Fourth Circuit: Panoramic Views & the Rejection of the Manager Rule

by Benjamin W. Mounts Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. To give effect to this prohibition, the statute imposes liability on employers who retaliate against employees who oppose unlawful employment practices. The U.S. Supreme Court...

Why Your Employer May Not Be Too Small for a Discrimination Claim

Many employees are frustrated to hear that most discrimination and other employment laws don't cover small employers. For Title VII, which covers race, sex, national origin, sexual orientation (at least EEOC thinks it does), color, pregnancy, and religion, and the Americans With Disabilities Act...

Double Whammy for Employer Who Won’t Accommodate Pregnancy — But Will the EEOC’S Case Survive?

This case may have some problems, but it’s a good illustration of why employers need to be careful, post- Young v. UPS [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. Thanks very much to Bill Goren for sending it my way. The Equal Employment Opportunity...

A Lesson on USERRA and Military-Status Discrimination

The Uniformed Services Employment and Reemployment Rights Act guarantees service members the right to be free from discrimination in hiring, re-hiring or reinstatement, retention, promotion, or any benefit of employment on the basis of that membership, application for membership, performance of service...

Be Careful What You Email (Yes, This Is a Lesson I Need to Keep Repeating)

Two USERRA posts within four days? What is this world coming to? In Arroyo v. Volvo Group North America (7th Cir. 10/6/15) , the appellate court was faced with the issue of whether the district court correctly dismissed an Army Reservist’s USERRA lawsuit [subscribers can access an enhanced version...

Fired for a Mouth Full of Coffee? That’s a New One. Or, Maybe, Age Discrimination.

WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania . But then, at Wrestlemania XXX , the streak ended . Do you think that The Undertaker’s age motivated...

Second Circuit Finds EEOC Investigation Not Subject to Review

by Sean Kirby Recently, the United States Court of Appeals for the Second Circuit held in the matter of Equal Employment Opportunity Commission (“EEOC”) v. Sterling Jewelers Inc. (“Sterling Jewelers”) , that the District Court erred by considering the sufficiency of the EEOC’s...

How Discrimination Can Kill You

Pretty much every day I fight employers who don't take discrimination seriously. HR people and management tend to think people who complain about discrimination are poor performing whiners. But discrimination is real, and it really happens in the workplace. Not only can discrimination cost you money...

OFCCP Issues Final Rule Implementing Executive Order 13665

by Jana P. Grimm On April 8, 2014, President Obama signed Executive Order 13665, amending section 202 of Executive Order 11246 which had previously prohibited employment discrimination by federal contractors based on race, color, religion, sex, sexual orientation, gender identity, and national origin...

Did You Hear the One About the HR Manager Who’d Never Heard of Title VII?

The bottom of the first page of this recent federal court opinion in EEOC v. Star Transport, Inc. really grabbed my attention: In December 2008 or January 2009, Edward Briggs became Star Transport’s Human Resources Manager. He received no training on anti-discrimination laws, was not aware of...

Straight From the Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear...

Court Upholds Employee Firing After Complaining About Gay Slurs. Was That a Mistake?

Mr. Gaff worked as a custodian at a University. He claimed that, on several occasions, his subordinate called him a “fa***t.” So, Mr. Gaff complained to his supervisor. Then, Mr. Gaff was later fired. Retaliation? Now, back to this case , the one where the plaintiff claims he was unlawfully...

Latest Study Indicates Rampant Transgender Discrimination at Work

On Tuesday, voters in Houston, TX took to the polls and said no to Prop 1 . That’s a ballot measure that would have outlawed discrimination at work against lesbian, gay, bisexual and transgender employees and job applicants. Amanda Terkel at The Huffington Post reports here that, despite having...