Labor and Employment Law

Recent Posts

Court Says Lactation Is Related to Pregnancy, Refrains from Saying, "Duh"
Posted on 3 Oct 2013 by Donna Ballman

I wrote about a really stupid case out of Texas where a federal court said that "lactation is not pregnancy, childbirth, or a related medical condition," and thus decided that "firing someone because of lactation or breast-pumping is not... Read More

Courts inch closer to recognizing sexual orientation as a protected class
Posted on 23 Aug 2012 by Jon Hyman

The Ohio Bell Telephone Company fired Plaintiff Jason Koren after he missed work for his father's funeral. Koren suspected that Ohio Bell really fired him because he's homosexual and took his husband's last name. He sued for gender discrimination... Read More

A Conversation with the EEOC
Posted on 10 Jun 2013 by John Holmquist

The Labor and Employment Section of the Michigan bar held its annual spring meeting last Thursday, and the topic was A backstage pass to the EEOC. The Detroit office had over 20 representatives attend. The round-table topics were intake and investigation;... Read More

"At Will" Employment vs. Right to Self-Defense
Posted on 22 Sep 2015 by Philip Miles

Today, in my employment law class, we cover the case of Weaver v. Harpster . The Supreme Court of Pennsylvania held that a woman could not sue her employer for sex discrimination/harassment [subscribers can access an enhanced version of this opinion:... Read More

Take This Job and Shove It: Discrimination Complaint Does Not Shield Employee from Firing
Posted on 29 Jul 2013 by Eric Meyer

Over the weekend, I read this opinion from the Seventh Circuit Court of Appeals. From the opening paragraph, it had my attention. After working at A.B. Data for four months, Michael Benes charged the firm with sex discrimination. The EEOC arranged... Read More

Fact or Fiction: Opposing an employee's u/c request may be Title VII retaliation
Posted on 26 Oct 2012 by Eric Meyer

That's right folks. It's time for another edition of "Fact or Fiction" a/k/a "Quick Answers to Quick Questions" a/k/a QATQQ f/k/a "I don't feel like writing a long blog post." Under Title VII of the Civil Rights... Read More

U.S. Supreme Court Grants Cert In EEOC, Abercrombie Scarf Dispute
Posted on 2 Oct 2014 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today granted a petition for writ of certiorari filed by the Equal Employment Opportunity Commission in a lawsuit in which it has accused a clothing retailer of violating Title VII of the... Read More

Who Is a Supervisor under Title VII? (Vance v. Ball St. Univ.)
Posted on 28 Nov 2012 by Jon Hyman

On Monday, the Supreme Court heard oral argument in one of the key employment cases it will hear this term- Vance v. Ball St. Univ. This case asks whether one can qualify as a supervisor under Title VII if one is given any authority to direct and oversee... Read More

Roundup of Supreme Court employment cases -- right here!
Posted on 13 Oct 2012 by Robin Shea

All right, kiddies. My posts over the last few weeks have been juicy and entertaining. (Or as juicy and entertaining as employment law can get.) But summer is over, and it's time to buckle down. The Supreme Court of the United States (aka "SCOTUS"... Read More

6th Circuit Volunteers Gift to Volunteer Employees in Coverage under Title VII
Posted on 8 Sep 2011 by Jon Hyman

Lots of people work for free-volunteers, interns, students, and others all provide their time to businesses without receiving any pay in return. Last week, the 6th Circuit, in Bryson v. Middlefield Volunteer Fire Dep't [ an enhanced version of... Read More

Court Says Lactation Is Related to Pregnancy, Refrains from Saying, "Duh"
Posted on 3 Oct 2013 by Donna Ballman

I wrote about a really stupid case out of Texas where a federal court said that "lactation is not pregnancy, childbirth, or a related medical condition," and thus decided that "firing someone because of lactation or breast-pumping is not... Read More

Split U.S. High Court Finds Higher Standard for Title VII Retaliation Claims
Posted on 24 Jun 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) Retaliation claims filed under Title VII of the Civil Rights Act of 1964 must prove but-for causation, a split U.S. Supreme Court ruled June 24, rejecting the lessened causation test outlined in 42 U.S. Code Section... Read More

Madison Enacts Law Protecting Atheists Against Discrimination (But Atheists Are Already Protected Against Religious Discrimination Under Title VII)
Posted on 24 Apr 2015 by Donna Ballman

While the anti-discrimination ordinance enacted in Madison , Wisconsin adding “nonreligion” to the list of protected categories was touted as the first of its kind in the nation, that’s not quite true. While it may well be the first... Read More

What qualifies as “opposition” under Title VII?
Posted on 27 Aug 2012 by Jon Hyman

Last week, I discussed the limits of Title VII's opposition clause in protecting (or not protecting, as the case may be) employees who make unreasonable or unfounded complaints about discrimination. Today, I am going to discuss another aspect of the... Read More

Second Circuit Weighs in on "the Manager Rule" and Pleading Standards
Posted on 12 Aug 2015 by Philip Miles

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... Read More