Posts in Retaliation.

These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document is 57 pages long, not counting the table of contents.)

I'll try to focus on the less obvious/more interesting points.

Take No. 1: "National ...

The Equal Employment Opportunity Commission released a nice little "fact sheet" this week for small businesses, summarizing their obligations under the laws that the EEOC enforces. Here's a link.

Just be aware that "sex," in the EEOC's opinion, includes sexual orientation and gender identity.

(No jokes about small hands or "little" presidential candidates

This is the final installment of my analysis of the EEOC's recently issued proposed Enforcement Guidance on Retaliation and Related Issues. Here are Part One ("You gotta be protected!") and Part Two ("Was your employment action 'adverse'?").

For an employee to have a valid retaliation claim, it's not enough that she engaged in legally protected activity or that the employer took ...

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 ...

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 ...

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...

Holy Toledo! (Or should I say, Lansing?) Here is our next celebrity employment lawsuit soap opera . . .

You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back. It was a big deal over the summer and into the fall of this year.

In ...

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California.

Actually, I got one email from a reader, who had a better take on the whole situation than I do.

But who cares! I still think it's a great topic, and a case worth following!

Here's the deal, as I understand it:

Mr. Sarkisian took ...

Well, it's that time of year again - what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments.

I'm thankful that I'm not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he's definitely down -- for the moment. He's ...

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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