Labor and Employment Law

Recent Posts

U.S. Supreme Court Hears Arguments in EEOC, Abercrombie Dispute
Posted on 25 Feb 2015 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey's) The 10th Circuit U.S. Court of Appeals erred in ruling in favor of a clothing retailer that refused to hire a Muslim applicant who wore a headscarf during her interview, Principal Duty Solicitor General Ian H. Gershengorn... Read More

Heads' Up for Employers
Posted on 25 Oct 2013 by John Holmquist

I had the opportunity to talk with two plaintiff's attorneys last night at a reception recognizing the Michigan lawyers who were newly elected to the College of Labor and Employment Lawyers. Both attorneys indicated that they were extremely busy with... Read More

Sixth Circuit Concludes that Random, Unassociated Remarks Do Not Amount to Employment Discrimination
Posted on 1 Sep 2011 by Craig Salner

Today's case reminds us of a few things: 1) random remarks that do not fit together will not create a circumstantial evidence case of race discrimination; and 2) courts will generally find any basis to avoid considering an attorney's fee claim... Read More

EEOC Lawsuit Is a Reminder That, Yes, Businesses Can Still Discriminate
Posted on 22 Sep 2011 by Jon Hyman

Yesterday, I wrote about how far we've come since 1943. Today, I bring you another reminder of how far yet we have to go. The EEOC has announced a lawsuit it filed against Bass Pro Outdoor World, LLC, for failing to hire African-American and Hispanic... Read More

Latest Study Indicates Rampant Transgender Discrimination at Work
Posted on 5 Nov 2015 by Eric Meyer

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... Read More

How Discrimination Can Kill You
Posted on 22 Oct 2015 by Donna Ballman

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... Read More

Working from Home: Legal Issues for Employers
Posted on 25 Sep 2012 by Lisa Stam

Working from home, telecommuting, flexible hours, - whatever you call it, it is part of the Gen Y paradigm of focusing on work product rather than work process. In an information economy where so many workers are producing electronic written and graphic... Read More

Angelina Jolie and Employment Law
Posted on 16 May 2013 by Philip Miles

By now, you've probably already heard about the biggest news in the world for the past day or so . . . Angelina Jolie's double masectomy . Why an apparently uneventful preventive surgery on an actress is the number one story in the world is... Read More

Employment Staffing Agency Sued by EEOC for Sexual Discrimination
Posted on 29 Oct 2013 by The Employment Law Group

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a gender-based discrimination suit against Industrial Labor Management Group, Inc. (ILM). The suit, filed in the U.S. District Court for the Middle District of Tennessee, alleges that... Read More

What Does SCOTUS Same-Sex Marriage Decision Mean for Employers?
Posted on 7 Jul 2015 by Robin Shea

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... Read More

U.S. Supreme Court Allows Retaliatory Discharge Lawsuits By Persons Sufficiently Close To An Employee Who Makes A Discrimination Charge; Will New York State Courts Do The Same?
Posted on 23 Feb 2011 by David S. Rich

The anti-retaliation provision of Title VII of The Civil Rights Act of 1964, as amended ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII... Read More

President Obama Says He is Considering Ban on Discrimination Against Unemployed - BAD IDEA
Posted on 31 Aug 2011 by John Gallagher

An Affirmative Action Plan is the Solution to Discrimination Against the Unemployed We have in the past posted on the rampant, insidious and harmful discrimination against the unemployed . TLNT has posted an article of mine positing that, despite... Read More

"Discrimination" Against the Long-Term Unemployed
Posted on 22 Apr 2013 by John Gallagher

How is "Long- Term Unemployment" Defined If you have been unemployed for more than 6 months, you are considered "long-term unemployed." According to data collected via a recent study completed by HuffPost , 40% of those... Read More

HELP WANTED: Seeking Senior VP of Sales, ideally 45-52 years old. Wait, WHAT?!?
Posted on 17 Aug 2015 by Eric Meyer

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... Read More

Employment Discrimination by the Numbers: Foreign Edition
Posted on 4 Apr 2012 by Eric Meyer

Now in autotune . (Betcha didn't expect that). Yesterday, we were rapping (without the benefit of autotune) about immigration status and unlawful discrimination and concluded that Title VII of the Civil Rights Act of 1964 does not prohibit... Read More