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The Employer Handbook BlogSame-sex training. Ok or discrimination?
According to the EEOC, if men can only train men, and women only women, that may be discrimination.
But, let’s see what a federal court has to say about that after the jump…
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Here’s why you provide a list of essential job functions when approving FMLA
Trial is over!
I’m coming atcha live and direct from the bloggerdome with a sweet defense verdict in my pocket. Yup, yup!
And what do I come back to? A precedential Third Circuit opinion discussing an employee’s right to return to work from FMLA.
I’ll cover that for you after the jump…
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Please stand by…
Last day of trial today. Big blog post tomorrow. I promise. #nopromises.
I’m on trial. (You know, my real job).
Be back tomorrow.
Court: Title VII prohibits retaliation based on good-faith complaint of sexual-orientation harassment
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute.
So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create a claim under Title VII. Or does it?
Find out after the jump…
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Will the EEOC become more employer-friendly in the Fall?
*** whistles ***
The word on the street according to Kevin McGowan at Bloomberg/BNA (here $$$) is that U.S. Equal Employment Opportunity Commission Chair Jacqueline A. Berrien (D) has decided not to seek renomination to the EEOC.
Originally an Obama recess-appointment, the Senate confirmed Ms. Berrien as EEOC Chair in December 2010. Her term expired on July 1, 2014, but she is permitted to retain her seat until September 1, 2014.
The Employment Law Blog Carnival: Instagram Edition #ELBC
If a picture says a thousand words, then my editors are going to be hella-mad at me.
After the jump, it’s the best of the employment law blogosphere told through the eyes of Instagram.
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NJ Gov. Christie vetoes bill to protect unemployed job hunters
A bill that would have made it illegal for New Jersey companies to refuse to hire a job candidate because of his/her employment status is dead for now. Find out why after the jump…
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NLRB may encourage your employees to file OSHA, FLSA claims too
Last week, the National Labor Relations Board issued this memorandum in which it has instructed regional offices to encourage employees to file complaints with the United States Department of Labor if the the regional NLRB office “believes that an employer may have violated a substantive or anti-retaliation provision of [OSHA] or the FLSA.”
Remember that the National Labor Relations Act covers more than just unionized employers and workplace. For example, many of the social media cases involving the NLRB that you may have read about actually involve non-union workplaces. So, if you haven’t gotten the message already, this NLRB initiative is another wake-up call to get your house in order.
Otherwise, you may have multiple federal agencies up in your business.