Posts tagged Eighth Circuit.

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a "disability" within the meaning of the Americans with Disabilities Act -- even as amended in 2009 -- unless the condition was caused by some underlying physiological disorder.

Biggie Size.flickrCC.SarahRoseCohen

In addition, if the individual develops a medical condition because of the obesity (such as diabetes or ...

Dear Readers: Not that anything in this blog constitutes legal advice anyway, but before you accuse me of legal malpractice based on the following post, please notice today's date. Happy April Fool's Day! Robin

Many employers ask me: "Robin, what are your 'best practices' for workplace sexual harassment?" I'm glad you asked!April Fool's Day.flickrCC.OneWayStock

No. 1: Be sure that your policy on sexual harassment is ...

We now have an April Fool's Day Persuader Rule challenge (but it's real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit.

Here's our scorecard:

PERSUADER RULE SCORECARD

March 30

UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.

UPDATE (4:33 P.M. EDT, 3/31/16): A second challenge to the Persuader Rule has been filed today in federal court in Minnesota.

Like the first robin in spring, here is what we believe is the first lawsuit challenging the "Persuader Rule," issued last week by the U.S. Department of Labor. The suit was filed ...

UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.

Mercy me! We now have a second challenge to the U.S. Department of Labor's Persuader Rule, filed today in federal court in Minnesota. This morning, I reported on a lawsuit filed yesterday in federal court in Arkansas. What will tomorrow bring?

The Minnesota lawsuit was filed by a network of labor ...

Normal Watertower.flickrCC.RossGriff
A perfectly Normal water tower.

I have recommended on this blog and in harassment training that "operations" people (in other words, people who aren't in Human Resources or lawyers) avoid the temptation to investigate workplace harassment complaints on their own.

A commenter asked me last week why I said this. I thanked her for giving me the inspiration for a blog post.

Believe me, I do ...

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 ...

Road Map.flickrCC.Britt-Knee

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 ...

The U.S. Supreme Court agreed last Friday to review a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated a CRST Truck.flickrCC.PaulSullivanmulti-million attorneys' fee award for trucking company CRST Van Expedited, Inc. The Equal Employment Opportunity Commission initially sued CRST on behalf of roughly 270 women who were allegedly sexually harassed in their driver training. (That ...

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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