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How Much Has the US Supreme Court Undercut Workplace Retaliation Claims?
The United States Supreme Court in June decided two cases believed to be very “employer-friendly”. I mentioned the first, Vance v. Ball State University 133 S.Ct. 2434 (2013) here in a recent...
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Walmart’s “A Series of Unfortunate Lawsuits”
The next several weeks will be seemingly devoted to our nation’s largest retailer, second-largest corporation and largest private employer. In case you have not guessed, or if you missed last week’s...
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The Concluding Piece on Wal-Mart’s Employment Law Capers
After 11 weeks of semi-intense focus on the world’s largest private employer, The Emplawyerologist is now wrapping up its series on Wal-Mart. Now, of course, we can still expect to hear more about...
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Your Employee’s on a Performance Improvement Plan–and S/he Sued???
Suppose you are a Department Head at Larger-than-Life Sciences, Inc. Rhonda the Researcher is one of your direct reports. Rhonda is just not performing well at her job. In fact, you are not sure she is...
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10.1 Million Reasons Why Anti-Harassment Policies Alone Are Not Enough…
Does your workplace have anti-harassment policies? What about anti-discrimination policies? It probably does. If not it probably should. If ever an employee filed a charge with the EEOC or a state...
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What We Can Learn from Discrimination Claims Against Uber…
Last week we began focusing on Uber, and its recent legal woes. You can find that post here. I touched on four key areas. Let’s focus on the first one, discrimination, harassment and retaliation...
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Don’t Fire a Whistleblower–Even if S/he’s Wrong!!
Your employee alleges discrimination or harassment, or conduct that s/he believes is otherwise illegal. Most of you know that you shouldn’t fire the employee or take some other adverse action in...
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“Sexual Horseplay” or Same-Sex Harassment?
Sometimes employees get physical. Sometimes it’s just “juvenile behavior” or “horseplay”, involving all employees and is arguably not based on one’s sex. Even physical contact with a sexual overtone...
View ArticleAre Hairstyles Protected Under Anti-Discrimination Laws? Maybe, in Part…
Does your company have a dress code, or an appearance or grooming policy? Many companies do. What exactly is a dress code or appearance/grooming policy, and why is it important? Generally speaking,...
View ArticleA White Doctor Can’t Sue for Discrimination? Why Not?
A doctor works as part of the medical staff at a hospital. The doctor, who is white, feels s/he has been the target of racial discrimination. The doctor complains about the alleged discrimination,...
View ArticleWe Don’t Tolerate Harassment…
“(Company) does not tolerate harassment, discrimination or retaliation. We have strong policies and practices against harassment, discrimination and retaliation and provide regular training on those...
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