What's a "materially adverse employment action"? This is the second part in what should be a three-part series (it's possible that we'll need four) on the proposed Enforcement Guidance on Retaliation and Related Issues recently published by the Equal Employment Opportunity Commission.

To recap from last week, a plaintiff in a retaliation case has to prove three things:

1. She ...

Pretty obvious, but a decision issued this week serves as a good reminder to employers that all race discrimination is illegal, whether it's against members of minority groups or whether it's against Caucasians.

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reversed summary judgment for a company that allegedly told a white worker that he was being ...

The Equal Employment Opportunity Commission issued last week a proposed Enforcement Guidance on Retaliation and Related Issues that would update guidance issued in 1998. If you're an in-house attorney or a Human Resources professional, I recommend that you read the whole thing. But to keep things digestible on this blog, I'm going to do a series of posts (three in all, I think, but I ...

Our inaugural edition of Class Action Outlook, a quarterly publication for employers on class and collective action litigation, is out, and you will not want to miss it! In order of appearance, we have Naveen Kabir on the Tyson Foods overtime collective action pending at the Supreme Court, Kate Scarbrough on the Supreme Court's recent Gomez decision, Heidi Wilbur on the Spokeo class ...

Above The Law is, for the most part, a trash legal-gossip blog with the funniest, nastiest bunch of commenters anywhere. I read the comments it every business day.

But whatever you do, be careful if you read it for the blog posts, especially if you just got out of law school and need help getting your career started.

Here's Exhibit A, from "Shannon Achimalbe" (a pseudonym):

Men ...

Law360 reported yesterday morning that the Equal Employment Opportunity Commission settled a transgender discrimination and harassment lawsuit (not our Detroit-area funeral home case). Although the employer entered into the consent decree voluntarily, we now have a pretty good idea of what the EEOC thinks employers should do in dealing with employees who are ...

We are non-partisan here at Employment & Labor Insider, but that doesn't mean we can't look forward to the Iowa Caucus. (DISCLAIMER: This Employment Law Blog Carnival is guaranteed obsolete in two weeks, if not sooner.)

Ring in the Old!

On February 1, Hawkeyes will gather at their precincts, hear inspiring speeches from the candidates' pitch men and women, and (if Republican) mark their ...

The time is always right to do the right thing.

Last year, Tommy Eden had a post about a gender identity lawsuit in which an employer in Georgia actually won summary judgment. A reader alerted me last night that a panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the decision in part yesterday, finding that the Plaintiff's mixed-motive claim should go to a jury. According to the appeals court decision, there ...

http://polldaddy.com/poll/9273052/

The best answer is "In all likelihood." A minor tear that can be repaired may not be a disability (it depends), but a severe injury, or one that is inoperable with residual limitations, probably is.

http://polldaddy.com/poll/9273130/

The best answer, again, is "Maybe yes, and maybe no." The big point here is that you can't count on being able ...