The EEOC reported this week that retaliation charges outpaced race discrimination charges at the agency during fiscal year 2010. This is the first time that retaliation charges (under all statutes) surpassed race discrimination charges at the EEOC, making retaliation charges the most frequently type of charge filed at the EEOC…
By now, hopefully, you’ve read my post “How Facebook Can Make Or Break Your Case.” I wrote it primarily for my fellow members of the defense bar. So, if you haven’t yet read it, and you generally represent employers, shame on you! Stop reading this and go read it now.…
Bill Leonard at the Society for Human Resource Management reports that the U.S. Equal Employment Opportunity Commission has approved a final version of its regulations for the Americans with Disabilities Act Amendments Act, a version of which the EEOC put out for public comment back in September 2009. More after the jump.…
I love the last week of the year. Most people take vacation. Not me. When work is slow, I like to be in the office. It’s when the office gets crazy that I take my vacation, because I know there is always someone else around to shoulder the burden. I’m…
A big part of my job as a labor and employment attorney is providing anti-harassment training to employees and supervisors. First, I help them identify what constitutes unlawful harassment in the workplace. Then I walk them through how to report and address it. Here, I emphasize that retaliation against a…
In June 2008, I read a one-page article about Twitter in BusinessWeek or some other financial magazine and thought to myself, “This is stupid. Why would anyone want to send text messages to total strangers?” So I signed up and created @emeyer88. And that was just the start. My story…
Confession: I find bankruptcy VERY boring. And I loathe it. I’m a labor and employment attorney. When partners approach my door with bankruptcy assignments, I pick up the phone and pretend to yell at opposing counsel. So far I’m batting 1000. But when I learned that the Third Circuit in…
Recently, I offered readers two ways to avoid employee claims of unlawful harassment. But let’s assume someone complains. It will happen, trust me. Are you prepared to conduct a thorough and efficient workplace investigation? If not, check out my article in Bloomberg Law Reports. You can read it here.
Previously, I wrote (The Patient Protection and Affordable Care Act, enacted earlier this year, amended the
If you are reading this and you are a New Jersey employer, then the answer is yes. But only under certain circumstances. I’ll lay out the test for you after the jump. In Quinlan v. Curtiss-Wright Corp., the New Jersey Supreme Court adopted what it termed a “flexible totality of…