I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a beat.

But the majority opinion is not what caused me to swoon. Justice ...

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 multi-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 ...

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.

The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...

Is "digital native" the latest code term for "young"?

A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it's discriminatory for an employer to specify in recruiting that it's seeking to hire "digital natives." A "digital native" is someone who was born into the digital world, which supposedly means people born in 1990 and later.

Some employers really, really hate to fire employees. That doesn't mean they won't do it - but they'll do just about anything to avoid calling it what it is.

A few months ago, I wrote about "bogus RIFs" - when an employer tries to avoid "firing" an employee by claiming it's really a "reduction in force."

There's another kind of "alternative" separation called a constructive discharge.

SCOTUSblog has the transcript of yesterday's oral argument in Mach Mining v. EEOC.

UPDATE: On Friday, January 24, 2014, the jury came back with a verdict for Courtney Love, finding that she is not liable for her tweet about Attorney Rhonda Holmes.

Can you be liable for libel based on what you tweet on Twitter?

Well, why the heck not?

You may have read that Courtney Love, widow of Nirvana's Kurt Cobain, vocalist/guitarist/lyricist of Hole, and Mrs. Larry Flynt in The People ...