DEAR READERS: Because of the Easter holiday, this will be my "Friday" blog post. I'll be back to my regular schedule next week.

UPDATE (7/3/14): The EEOC and Walgreens have settled their case for $180,000. Read all about it here. 

The Equal Employment Opportunity Commission is going to get a jury trial against Walgreens in a disability discrimination case that turns on (allegedly ...

An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The idea drew some positive response on Twitter:

ROBIN’S NOTE: I am happy to feature as a guest blogger today Tommy Eden from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. Tommy drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association.

Motor carriers have always taken drug abuse seriously, but they have ...

Many, many years ago, as an associate, I got to help defend the worst harassment investigation of my career. The entire investigation went essentially like this: MANAGER: "Lucy [not her real name] says you sexually harassed her. Is that true?" ACCUSED: "I ain't crazy." *End of investigation.* Oh. Except that the manager documented it, too. *Head slap* .

 In this manager's defense, he was ...

It's Spring Break (WOOOO! Par-TAY!), and so it's the season to warn women to dress appropriately, right?

Ladies, please wear one-piece bathing suits during business hours. Your cooperation is appreciated.

 

The Honorable Richard Kopf, a federal judge in Nebraska who blogs, got in trouble this week because he (1) blogged that he noticed and enjoyed looking at a young female lawyer who ...

The EEOC -- can't live with 'em, can't live without 'em.

As irritated as I sometimes become with the agency's lawsuits, I have to hand it to them. The guidance they have recently published jointly with the Federal Trade Commission on background checks is great -- written in plain English (no legalese), concise, and convenient. An employer can read and comprehend it without even needing an ...

Now that the Supreme Court has decided that the retaliation provisions of the Sarbanes-Oxley Act apply, not only to employees of publicly-held companies, but also to employees of contractors who do work for publicly-held companies, I thought it might be helpful to review exactly what type of activity is protected under the SOX. To keep you awake, I'll address this in "FAQ" format ...

Employees who sue their employers and then settle -- can we talk?

Sometimes it's good to know what "the enemy" thinks. And, in relation to you, I am "the enemy" because I represent employers exclusively. However, some of my best friends are employees, and even though I'm on the other side, I hate to see employees shoot themselves in the feet. Especially when it's so easy to avoid doing so.

It has been a long time since we talked about the Family and Medical Leave Act, but a couple of interesting and noteworthy decisions came out this week from Way Out West.

Our first case, from a federal district court in Oregon, answered the following question:

Can an employer require a doctor's note every time an employee takes intermittent FMLA leave?

YES

NO

C'mon! Even if he's an abuser?

Under ordinary circumstances, we advise employees who are victims of harassment or bullying to let the bully know that the behavior is not welcome. Then, if the behavior continues, the victim should take it up the chain of command, or directly to Human Resources.

This is fine for those employees who are strong and confident enough to believe that they can do it. But some are not. Maybe ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
Continue Reading

Subscribe

Archives

Back to Page