An argument can be made.

Probably.

An important victory for age plaintiffs.

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a "protected category" (for example, sex or race), and "severe or pervasive."

But most employers aren't satisfied with banning only "illegal" behavior, and rightfully not. The law does a fairly good job of keeping us from each other's ...

What a week for aging. According to one study, people age 65 and older will outnumber people age 15 and younger worldwide by the year 2030. This is referred to as a "population plague."

In more bad news for younger older people, Lydia DePillis, writing for The Washington Post, had an article titled "Baby boomers are taking on ageism -- and losing." From what I could tell, her ...

Grrrrrr.

This blog is non-partisan, but . . .

If you're following the 2016 presidential elections at all, you know that Hillary Clinton's political opponents are trying to attack her by making an issue of Bill's sexual misconduct. One of the things being said by some of Hillary's opponents is getting under my skin from an employment law standpoint.

It is said that Hillary isn't a ...

DISCLAIMER: Today's post has absolutely nothing to do with Veterans Day. But thank you, veterans!

Last week, I was pretty hard on Herman Cain and his response to allegations of sexual harassment. Since then, two women have come forward publicly, and all I can do is quote from my partner John Doyle:

*shrugs shoulders and sighs* "Well, you don't get your witnesses from Central Casting."

Human Resources and in-house counsel, please consider this a legal "consumer report." Remember - we offer a "no legalese" guarantee, or your money back!

My fellow employment lawyers, is that Rule 12(b)(6) motion really necessary?

I've spent this week reviewing federal and state labor and employment law decisions for a Bar Association program I'll be presenting at the end of the ...

UPDATED 9/13/11 (see below):

And, more importantly, what is it with The Price Is Right? It's a regular Peyton Place, for cryin' out loud.

Everyone is probably familiar with the sexual harassment allegations from a few years ago against game-show icon and former TPIR host Bob Barker. Barker wisely admitted to a consensual affair, and the harassment case went away.

Now another ex-TPIR ...

This February ("Valentine's Month"), there was a lot in the news about "workplace spouses." Last week, I was interviewed about this by Denis and Shelli of WSBT radio in South Bend, Indiana.

My own opinion is that the "workplace spouse" phenomenon is an overhyped way to put a new spin on the very old problem of sexual attraction in the workplace. (Sexual harassment and workplace dating ...