Labor and Employment Law

Recent Posts

Can an Employee Be Fired For Having Too Many Kids?
Posted on 4 Sep 2015 by Robin Shea

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... Read More

When defending employment cases, chasing attorneys' fees is a snipe hunt
Posted on 18 Jul 2012 by Jon Hyman

My summer reading list includes Joel Stein's Man Made: A Stupid Quest for Masculinity . The book recounts the self-proclaimed effete Stein's journey to become more masculine in the wake of the birth of his son. In one chapter, Stein spends a weekend... Read More

A Black And Blue Lawsuit: Tiffany & Co. Sued for Race Discrimination
Posted on 3 Jun 2014 by Jon Hyman

My dog’s name is Loula Mae. “Loula” is name of the dog on the kids cartoon Pocoyo , which my son was obsessed with when we got her. “Mae” just sounded right to pair with Loula, and gives her a bit of a gentile, southern charm... Read More

Double Whammy for Employer Who Won’t Accommodate Pregnancy — But Will the EEOC’S Case Survive?
Posted on 1 Oct 2015 by Robin Shea

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... Read More

Will Employer’s Attempt to Keep Ellen Pao Discrimination Trial Secret Work?
Posted on 20 Feb 2015 by Lorene Schaefer

Nearly three years after a former junior-partner at venture capital firm Kleiner Perkins Caufied & Byers LLC filed her lawsuit alleging gender discrimination and retaliation, the jury trial appears set to begin next week. As a general matter, jury... Read More

More Social Media Woes: Employee Fired for “Liking” Gay Facebook Page
Posted on 19 Apr 2012 by Jon Hyman

According to MSNBC , an employee has sued the Library of Congress for firing him after his manager discovered that he had "liked" the "Two Dads" page on Facebook. The employee, Peter TerVeer, claims that after his manager discovered... Read More

Employers Must "Think Outside the Box" When Hiring in Seattle: New "Ban the Box" Ordinance Restricts Use of Criminal Background Checks
Posted on 16 Sep 2013 by Barran Liebman LLP

10 states and more than 50 municipalities and counties have some form of "ban the box" legislation, regulations, or ordinances on their books. Earlier this summer, the city of Seattle, Washington joined them, and on November 1, 2013, Seattle's... Read More

The Best Defense to a Discrimination Claim Is…
Posted on 18 Sep 2014 by Jon Hyman

Wilson v. Chipotle Mexican Grille (6th Cir. 9/17/15) [pdf] is an unusual or distinct case, yet it teaches employers an important lesson about how to win a discrimination case [ an enhanced version of this opinion is available to lexis.com subscribers... Read More

Why Your Control Employees Must Care About Employment Laws
Posted on 16 Mar 2015 by Jon Hyman

Last week I was asked if managers and supervisors have any liability for their own acts of discrimination or other unlawful activities. Like most things in the law, the answer is, “It depends” on the law about which you are concerned. If... Read More

A Hospital May Have Broken the Law by NOT Hiring a Convicted Meth Dealer
Posted on 22 Jan 2015 by Eric Meyer

I see your wild sexual harassment lawsuit and, after the jump, raise you this doozie... Better call, Saul! Even Walter White and Jesse Pinkman were like, WTH?!? Close your eyes for a sec and picture you're out in Hawaii. [ Editor's Note... Read More

Coming Soon: A New, Comprehensive LGBT Anti-Discrimination Bill in Congress
Posted on 22 Jul 2015 by Eric Meyer

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... Read More

Despite What Some Think, Employers Do Not Set Out to Discriminate
Posted on 5 Mar 2012 by Jon Hyman

At her cleverly-named employee-side blog , Donna Ballman reported on a study published by the National Employment Lawyers Association -an association of plaintiff-side employment lawyers-which concluded that plaintiffs only win 15% of employment cases... Read More

VanDeusen on Univ. of Texas Sw. Med. Ctr. v. Nassar: Supreme Court Will Review Scope of Mixed-Motive Theory
Posted on 26 Feb 2013 by Darrell VanDeusen

Excerpt: In what may be the biggest employment case on the Supreme Court's docket this term, the Court will consider the scope and availability of the mixed-motive theory under employment discrimination laws. In Univ. of Texas Sw. Med. Ctr. v.... Read More

Ohio Supreme Court Punts on Individual Discrimination Liability … For Now
Posted on 2 Sep 2014 by Jon Hyman

Earlier this summer, I reported on Hauser v. City of Dayton , which I hoped would answer the question of whether Ohio’s employment discrimination statute still provided for individual liability for managers and supervisors. Last week, the Court... Read More

Do We Really Need a Breastfeeding Discrimination Law?
Posted on 18 Aug 2011 by Jon Hyman

Yesterday, the Wall Street Journal Law Blog ran a post about a teacher fired from her job, allegedly because she spent too much time lactating for her newborn child. Heather Burgbacher, a teacher at a charter school in Jefferson County, Colorado... Read More