Happy Valentine's Day! (almost)

Psychology Today had a great article by social psychologist and professor Theresa DiDonato about nine questions one should ask oneself before starting a workplace romance. Of course, the article was written primarily from a psychological point of view, but I think the same questions work from a legal standpoint. Here are Professor DiDonato's ...

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 ...

This is too funny, and it ties in so well with my post on Friday about the EEOC's new "pay survey" proposal. I learned about the video from the Washington Post, but I'm linking to the YouTube version to ensure that no one is blocked by a pay wall. Enjoy!

https://www.youtube.com/watch?v=ZlR1Y2Lwz48

You have no doubt heard that the Equal Employment Opportunity Commission proposes to require employers with 100 or more employees to start submitting compensation data with their annual EEO-1 reports.

The proposal was announced by President Obama in a White House ceremony last week celebrating the seventh anniversary of the Lilly Ledbetter Fair Pay Act. Here's the scoop.

The ...

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 ...

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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