As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!"

Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer. Most of last week's post simply described the differences between a motion to dismiss, a motion for summary judgment, and a trial, as ...

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 ...

Never . . . well, hardly ever. ("What, never? No, never! What, never? Well . . . hardly ever! He's hardly ever sick at sea . . .")

Our friends at the U.S. Equal Employment Opportunity Commission recently scored another big win in a pregnancy discrimination case -- actually got summary judgment against the employer, which is unusual. In this case, the employer apparently knew it had messed up ...

Earlier this summer, in writing about reference information for bad employees (I call them "the Axis of Evil"), I mentioned employment investigations, noting that this was a topic for another post. Well, today is the day. Now that the Supreme Court has officially recognized "cat's paw" liability for employers whose decisions are tainted by an individual with an unlawful motive, it ...

The U.S. Equal Employment Opportunity Commission recently held a meeting with "a battery of experts" on disparate treatment in hiring. According to the EEOC, hiring discrimination continues to run rampant.

Time for a grain of salt here: According to the EEOC's press release, most of the experts were from the EEOC, or were individuals who had been denied jobs and claimed they were ...

In my opinion, the Supreme Court's decision issued Monday in Wal-Mart v. Dukes is fantastic for employers. Not all class action litigation is a racket, but much of it is, and plaintiffs' lawyers have been known to use the threat of financial devastation resulting from nationwide class suits to pressure employers into paying large settlements.

(No, really? You don't say!)

The Supreme ...

The U.S. Court of Appeals for the Tenth Circuit (Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming) recently affirmed the dismissal of a race discrimination lawsuit against a union whose hiring hall refused to refer the plaintiff for laborer positions. Essentially, the Court said that the union was justified because the plaintiff had three no-rehire letters in his file from ...

According to a recent study, organized religion is being "driven to extinction" from nine countries, including Canada, Ireland, the Czech Republic, and Switzerland. Although the United States is not on the list, studies here have also shown an increase in the number of people who call themselves "unaffiliated."

Meanwhile, American workplaces continue to struggle with the issue of ...

Everybody on the employer side likes to pick on the Equal Employment Opportunity Commission, and the temptation is even greater now that its chair has taken such an aggressive stance on issues like pre-employment credit and background checks. However, employers occasionally shoot themselves in the foot (feet?) with the agency by making mistakes that only compound their problems. If ...

Latest dispatches from the employment law front:

If you're going to be an SOB, make sure you're an SOB to everybody. A federal district court in Kentucky granted summary judgment to the employer in a sexual harassment case. The female plaintiffs alleged that a charlatan "turnaround specialist" hired by their CEO was not "motivated by sexual desire" but was simply abusive and ...