What makes a workplace investigation so good that you just can't wait to show the EEOC investigator what you did? And you're like, "Plaintiff's lawyer, take us to court -- please!"

All right, maybe nothing would make it that good, but here are nine things employers can do to ensure that they at least won't be ashamed of their workplace investigations:

No. 1: The investigator is unbiased

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Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission "absorb" the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn't thought it ...

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*Donnybrook: Named for the Donnybrook Fair near Dublin, "a notoriously disorderly event, held annually from 1204 until the middle of the 19th century." Meaning a "free-for-all; brawl; a usually public quarrel or dispute."

I promised earlier this month to have more detail about that decision by an Administrative Law Judge in the case filed against Google by the Office of Federal ...

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Happy Mother's Day weekend to all of you who are, or who have, mothers.

(I think that covers everybody.)

I couldn't think of a better way to start this weekend than with a quiz on pregnancy discrimination, lactation accommodation, "family discrimination," and the Family and Medical Leave Act. As always, answers are at the end of each question.

Ready? Here we go!

Question 1: By ...

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Did you know that May is Mental Health Awareness Month? (Neither did I, but I do now.) Our beloved blogger Mallory Schneider Ricci is back at FOCUS, our women's leadership blog, with a post about mental health issues that affect women -- and men -- in the legal profession, and what they can do to take care of themselves.

The March-April Executive Labor Summary is out! David Phippen

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NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in the Los Angeles Office of the management-side law firm Littler Mendelsohn. The other is Marvin Kaplan, counsel to a Commissioner on the Occupational Safety ...

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A number of studies are showing that most, if not all, of the gender pay gap is explained by personal choices made by men and women. But how can employers protect themselves from claims of discrimination?

The U.S. Bureau of Labor Statistics reports that, in 2015, women working full-time had median earnings that were 81 percent of the median earnings of their male counterparts. That is ...

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The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April. For those who are worried that workers will be deprived of their overtime pay, here are a few points to keep in mind:

  1. The worker can always choose to take overtime pay instead of ...
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An article in Monday's New York Post discussed misunderstandings that can arise in the workplace based on use of "chat" apps and their associated emoji. A woman interviewed for the article said that she had messaged her co-workers that she would be late for a meeting, and her boss replied with emoji of a "poop" (am I allowed to use that word on this blog?) and a clock.

She was like, what?

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My law partner Heather Owen of our Jacksonville Office is back this week at FOCUS, our women's leadership blog, with the third and final part of her series on "How the FLSA hurts women." Her post this week provides specific examples of scenarios in which the relatively rigid requirements of the Fair Labor Standards Act make work difficult for women who are trying to balance their ...

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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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