By U.S. Equal Employment Opportunity Commission – http://www.eeoc.gov/eeoc/history/40th/panel/hopkins.html, Public Domain, Link Yesterday’s blog post highlighted the blistering dissent of Eleventh Circuit judge Hon. Robin S. Rosenbaum, as she criticized her colleagues for passing on the opportunity to reconsider whether Title VII of the Civil Rights Act of 1964 protected employees from discrimination based…
By Eoghanacht [Public domain], from Wikimedia CommonsHere’s a little taste of Hon. Robin S. Rosenbaum giving her colleagues from the Eleventh Circuit Court of Appeals a piece of her mind: The issue this case raises—whether Title VII protects gay and lesbian individuals from discrimination because their sexual preferences do not conform to…
By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia CommonsIn yesterday’s post about an Americans with Disabilities Act case, I quipped about how the first paragraph of the Sixth Circuit’s opinion foreshadowed a bad outcome for the plaintiff. Here were are again. Another ADA case. Another Sixth Circuit appeal (Hostettler…
Image Credit: Pixabay.com (https://pixabay.com/en/pen-letters-leave-envelope-2912932/) Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously…
Image Credit: Photofunia.com (http://photofunia.com/results/5b4bb235089f7a22648b45a6) The answer may shock you! (But, it probably won’t.) Hey, friends. Thank you for the positive feedback on the end of last week’s Minarsky series. Although I like to keep my blog posts to something less wordy the War and Peace, sometimes, I get a little…
By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia CommonsYesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here). If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version:…
By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary…
By U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia CommonsRespect to the employment law bloggers, reporters, and others who wasted no time trying to read the tea leaves to predict what Judge Brett Kavanaugh’s record as a jurist would foreshadow should he ascend to…
Source: https://eeotraining.eeoc.gov Yep, it’s that time of year. The U.S. Equal Employment Opportunity Commission’s Training Institute is hosting its Examining Conflicts in Employment Laws (EXCEL) Training Conference in Washington, DC. The EEOC touts EXCEL as “the premier national training conference for federal and private sector EEO managers, supervisors, practitioners, HR professionals, attorneys and Alternative…
Image Credit: Pixabay.com (https://pixabay.com/en/mail-message-email-send-message-1454731/) In 2014, the National Labor Relations Board ruled here in a case called Purple Communications that employees can use company email to try to form a union. Specifically, the Board held that “employee use of email for statutorily protected communication on nonworking time must presumptively be permitted…