Posts in Affirmative Action.

I'm sure by now you have all heard about the controversy that erupted after Slate columnist Aisha Harris suggested that Santa Claus be replaced by a "holiday penguin," which she perceived to be more inclusive than a rosy-cheeked white fat guy from up North.

And then Megyn Kelly of Fox News got in trouble for saying in response that Santa Claus was (1) a real dude and (2) a white dude.

At ...

My post last week on why the "gender pay gap" is mostly bogus generated a great discussion in the comment box. In the hopes of keeping it going, this week I'd like to talk about some of the discrimination or quasi-discrimination issues we do occasionally find.

That nasty remaining five percent or so* that can't be explained by personal choice.

*Completely unscientific percentage.

If your ...

Last spring I had the honor of talking about equal pay legislation with Stephanie Thomas on her podcast The Proactive Employer. My counterpart and the star of the show was Lilly Ledbetter.

Yes. That Lilly Ledbetter. Lilly Ledbetter of the Lilly Ledbetter Fair Pay Act. The Lilly Ledbetter who wore a red suit and stood beside President Obama when he signed the Fair Pay Act into law. Ms ...

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on.

"Ha-ha! We were just kidding!"

UPDATE: Thanks to reader John Perkins, SPHR, for the 2013 Mayan Calendar. Most educational!

"Near occasion of sin" is a legitimate ground for termination, Iowa court says. You've probably already ...

All right, kiddies. My posts over the last few weeks have been juicy and entertaining. (Or as juicy and entertaining as employment law can get.) But summer is over, and it's time to buckle down.

"I h8 school!"

The Supreme Court of the United States (aka "SCOTUS") began its new term this past Monday, and it will be reviewing at least four employment cases, as well as two non-employment cases ...

What a year, am I right or am I right? Here is a catalog of the major employment and labor law developments from 2011. And, just to keep it entertaining, I've started off each month with a weird but true off-topic story that was in the news that month. Many thanks to Drudge Report archives for the strange stuff. Thanks also to Esquire magazine's annual Dubious Achievement Awards (sadly ...

Don't eat that pretty red apple, Snow White!!! It has poison in it!!!!

You know the old saying, "If it seems too good to be true, it probably is"? Well, it appears that this may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who agree to reclassify their "independent contractors" [sic] as "employees" in exchange for some admittedly generous ...

The U.S. Department of Labor is planning to impose new “affirmative action” requirements on employers, requiring them to develop “plans” to address workplace safety, equal employment opportunity, and wage and hour/employee classification issues.

For the most part, these requirements – called “Plan/Prevent/Protect” – will not be limited to federal ...

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). 
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