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SCOTUS Oral Argument Recap: Is Justice Gorsuch the swing vote on LGBT workplace rights?

By Franz Jantzen, Collection of the Supreme Court of the United States – https://www.oyez.org/justices/neil_gorsuch, Public Domain, Link After reading 133 pages of transcripts from yesterday’s two (1, 2) oral arguments in the three LGBT workplace rights cases pending before the Supreme Court, three things are clear to me: First, the…

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Today at the Supreme Court, LGBT rights at work take center stage.

Image Credit: Pixabay.com It’s been a while since the Supreme Court weighed in on a big-time employment-law issue. That’s about to change. Today, the Supreme Court will hear oral argument in three cases: EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. Bostock v. Clayton County Zarda v. Altitude Express, Inc.…

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Hooters 2.0? EEOC says that a lingerie store can’t refuse to hire male salespeople

Image Credit: http://www.freestockphotos.biz/stockphoto/14339 A few decades ago, some men sued Hooters Restaurant, claiming that the purveyor of chicken wings, burgers, beer, and shapely female servers in tight, revealing outfits, was discriminating against males who were denied employment as servers. That case resolved in 1997, with Hooters serving up a multi-million…

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Vacation Thread: DOJ says that transgender discrimination under Title VII is perfectly legal

By Ivan Curra, CC BY-SA 3.0, Link (Not pictured: Eric Meyer; probably off grabbing a Dole Whip (adult version) and a turkey leg). Folks, the blog posts may not be as fast and furious (i.e., daily) as usual this week. That’s because, yes, I am vacationing with the family in…

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When do (or don’t) Facebook posts create a hostile work environment?

By Nut-hardware.jpg: Muke derivative work: Xoristzatziki (talk) – Nut-hardware.jpg, Public Domain, Link I can tell you this. It takes more than a few posts from a couple of ‘Wingnuts.’ Some mean-spirited Facebook posts. The plaintiff, in this case, worked for a unionized airline. The plaintiff ran to become the union president.…

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How many things can you find wrong with this picture?

Remember those “what’s wrong with this picture” games that we played as children? Something like this. Last night, I found the employment law equivalent from this recent Sixth Circuit opinion. [tl;dr: A colossal series of HR-compliance gaffes leads to a whopper of a jury verdict against the employer, which includes…

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Can sexual harassment investigations create an intolerable and hostile work environment for the harasser?

Image Credit: Photofunia.com (http://photofunia.com/results/5d37ca3746867947238b45bf) Sympathetic: sym·pa·thet·ic /ˌsimpəˈTHedik/ adjective feeling, showing, or expressing sympathy. synonyms: commiserating, commiserative, pitying, condoling, consoling, comforting, supportive, encouraging antonyms: unsympathetic, unfeeling Let’s use sympathetic in a sentence. “Juries are generally sympathetic to individuals who claim to have been sexually harassed at work.” Let’s try one more.…

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Can a marijuana dispensary be responsible for a manager’s sexual harassment?

Image by CMElixirs from Pixabay Or, stated differently, does a federal anti-discrimination law even cover a business that operates illegally under federal law? Yes, it does. In this recent decision, a Colorado federal court concluded that a female plaintiff who worked for a marijuana dispensary had successfully pled causes of…

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I’m a wizard, apparently, plus four other employment law takeaways from yesterday’s SCOTUS decision.

Image by Ivorytowers from Pixabay Damn, I’m good! Yesterday morning, my post, “Eminem’s take on federal anti-discrimination administrative exhaustion requirements. Probably” went live. Now, scroll down to the “Takeaways For Employers” section. You’ll see some discussion there about how the Supreme Court needed to resolve an open issue in the…