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Another court holds that LGB discrimination is sex discrimination under federal law

On Tuesday, I had a great sandwich. You see, I made a turkey and swiss sandwich at home and, in a moment of brilliance, I added some of the leftover guacamole from Taqueria La Veracruzana. Oh, right, you’re here to learn about sexual-orientation discrimination. Ok, forget the sandwich, let’s talk LGBT…

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Philadelphia strengthens its “ban the box” protections for job applicants

The City of Philadelphia announced today that Mayor Nutter has signed an Executive Order to implement this amendment to the Fair Criminal Screening Standards Ordinance, known as Ban the Box. Under the Executive Order, no City agencies or private employers, with at least one employee, may ask job applicants early on about criminal background and arrests.…

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Oh, hey, it’s another post about how to avoid holiday party-related lawsuits

  First tip: ignore the photo. Instead, re-visit last year’s post and consider the additional tips below. Dos and Don’ts For Employers To Consider For The Holidays Holiday Party Hazards: How Employers Can Avoid Legal Hangovers 10 Essential Rules For an Awesome Office Holiday Party It’s the 2015 workplace holiday party…

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Yes, employees can fight workplace harassment with social media

It’s almost 2016. By now, who among us: the lawyers, the HR professionals, the owners (Hi there, Mark Cuban, thanks for reading again today), has yet to deal with an allegation of workplace harassment involving social media. Why, just yesterday, I read about an employee who lost his job for going…

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Don’t let ADA stereotypes do to you what they did to this company

There are certain stereotypes that accurately reflect an image held in common for members of a group. For example, employment-law bloggers who practice law in Philadelphia and blog from their bloggerdomes in Southern New Jersey are generally handsome, erudite, and more appealing than a hipster drinking Pabst Blue Ribbon at a beard…

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Did USC’s alcohol-related firing of its former head football coach violate the law?

Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. The Daily Beast, among others, reported that USC fired Mr. Sarkisian after an incident where he appeared drunk during a speech at a USC event. Yesterday, Mr. Sarkisian fired back with a 14-count lawsuit in California Superior…

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What it really means to be Facebook friends with co-workers

It may not mean that much. What are the risks of becoming Facebook “friends” with a co-worker? The well-worn employer-lawyer mantra from way back when has been, “Supervisors should not ‘friend’ their subordinates on Facebook.” For a while, I sipped that Kool Aid too. Imagine two of the risks that could…

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Can you eliminate discrimination claims by hiring minority replacements?

Yeah, no. When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements: For example, in a failure-to-promote case, at a minimum, the plaintiff must establish four things: (s)he belongs to…