Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened.

If you wait until the sheriff serves you with a summons and complaint, you may have waited too long. "Threatened" includes getting a demand letter from an attorney, or receiving an administrative charge or complaint, or any reasonably objective indication that legal ...

As an employer, what do you do when one of your employees reports being sexually harassed by a vendor?

Easy, right? You call the vendor's boss and say, "If you want to continue doing business with us, then you will not send this person back to our company." The vendor wants your business, so her answer is, "Sir, yes sir! Anything you say, sir! We appreciate your business! Thank you for ...

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender woman.

The Defendants, represented by the Alliance Defending Freedom, had served discovery on the EEOC, seeking intimate details about Ms. Stephens's ...

NOTE: Thanks to an attorney reader, who suggested last week that I put my Faruqi trial updates in separate posts to make it easier for people to find them on Google and other search engines. I thought that was a good idea, so I'll do that with my remaining posts. (Testimony is supposed to wrap up this week, and possibly today.) Prior coverage is available here and here.

PARENTAL ADVISORY: This ...

It's a well-known fact that good-looking people have a better chance of being hired and promoted, and make more money, than less good-looking people. At least, as long as you're not too hot. Generally, there isn't much you can do about it if your opportunities are limited by male pattern baldness, that extra 25 pounds you've been meaning to lose, your acne scars from high school, or your ...

It's been another zany week or so in the world of labor and employment law, rivalling Groucho, Harpo, Chico and Zeppo. Here are a few items that jumped out at me. (Each subhead is a line from a Marx Brothers movie or the title of a Marx Brothers movie. Answers at the end.)

"Hurry up, or you'll be late for jail!" Pepsi Beverages (formerly Pepsi Bottling Co.) agreed to a pre-litigation settlement ...

It could be that the purpose of your life is only to serve as a warning to others.

In any event, that must be what the American Medical Association is thinking. The organization took it on the chin this week in a case involving the Family and Medical Leave Act.

The case is well worth a post-mortem because of what it teaches employers about "causation" in retaliation and protected concerted ...

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 ...