Glad that's settled.

If your employee isn't a professional driver but spends a lot of time on the road, how "essential" a job function is driving for ADA purposes? Is driving "essential" at all?

In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit recently ruled that driving might not be an ADA ...

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 not think operations ...

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 ...

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 ...

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California.

Actually, I got one email from a reader, who had a better take on the whole situation than I do.

But who cares! I still think it's a great topic, and a case worth following!

Here's the deal, as I understand it:

Mr. Sarkisian took ...

Chanukah starts at sundown this Sunday, and Christmas is only three short weeks away. Can you throw a workplace holiday party that won't result in a lawsuit? It has been ages since we've had a quiz. Let's do it!

For more on this topic, please listen to the webinar on holiday parties that I did yesterday with Laura Kerekes and the excellent people at ThinkHR. The replay is available here.

Gee, Ma, this is swell!

The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities Act, although it never hurts to get a refresher, and in any event it's aimed at employees, not employers.

But what is really great ...

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 ...