Kind of sounds like the start of a beautiful movie or novel, doesn’t it? Unfortunately, however, it became more Lady Gaga. Or, more precisely, the writings of the Fourth Circuit Court of Appeals adjudicating an on-again-off-again sexual relationship between the “lovers” who became “colleagues” in the “workplace” and, later, plaintiff and…
I receive email alerts from the U.S. Equal Employment Opportunity Commission that include information on upcoming webinars. Most of them cost money to attend. But every once in a while, there’s a freebie. Like this one. “Navigating Pregnancy and Nursing for Working Mothers” Starting today, the EEOC and the U.S.…
Colloquially, today’s topic is “reverse religious discrimination.” But, more accurately, it’s about a claim of “religious nonconformity.” In plain English, what happens when an employee refuses to comply with their employer’s religion? The case involves a video editor who started working for a company in 2019. At first, things were…
Yesterday’s post discussed how direct evidence “proves impermissible discriminatory bias without additional inference or presumption,” i.e., the proverbial smoking gun. But smoking gun evidence in discrimination cases is rare. Employers aren’t out there telling employees that their race will cost them their jobs. Well, most employers, that is. Last night, I…
They lost. We’ll get to why in a bit. First, I’ll provide some context. During the plaintiffs’ employment, the defendant received complaints that they were (1) regularly engaging in sexually derogatory commentary, (2) discussing drug use, (3) speaking derogatorily about a transgender employee, and (4) sometimes speaking in a homophobic…
A man walks into a job interview. Years earlier, he sustained an injury that caused him to walk with a limp and requires him to extend his leg when seated. He had applied for one of the company’s open positions. And since he satisfied the minimum experiential and educational requirements,…
Yesterday, the Department of Labor announced that a Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers across fifteen facilities in what it claims to be “one of nation’s largest FLSA judgments.” In its Findings of Fact and Conclusions of…
Picking up where the EEOC left off earlier this year with its harassment guidance for employers that postings on a social media account targeting employees can contribute to a hostile work environment, the Ninth Circuit Court of Appeals recently reached the same conclusion in an opinion issued last week. The…
Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. According to the EEOC’s lawsuit, the general manager complained to the company’s Acting Chief…
The FTC’s rule banning non-competes takes effect on September 4, 2024. Before then, employers must notify most employees that their noncompetition agreements are unenforceable. However, several pending lawsuits aim to block the rule. Although, none have succeeded…yet. What does the Rule require? What are the chances that these lawsuits will…