UPDATE (10/17/16): As expected, the EEOC has appealed the District Court's decision described below to the U.S. Court of Appeals for the Sixth Circuit.
Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but here it is ...
Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC's older Q&A and Best Practices on religious discrimination, harassment, and accommodation.
The EEOC's guidance is solid, reasonable, and consistent with most (if not all) of the court decisions that I'm ...
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 ...
Boy, the Detroit area seems to be in the front lines for the gender-identity wars.
As I've previously reported here, here, here, and here, the Equal Employment Opportunity Commission has a high-profile gender-stereotyping lawsuit going on against an area funeral home chain based on its discharge of a transgender employee. The funeral home is represented by the Alliance Defending ...
Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don't believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay more than half a million dollars to an employee who retired rather than have his hand scanned by a biometric screener, which he believed was ...
This is a first. I don't think I've ever agreed with Antonin Scalia and Ruth Bader Ginsburg at the same time. What's the world coming to?
In a nutshell, the Supreme Court decision in EEOC v. Abercrombie means this: if an employment decision is motivated by religion - even if the employer does not actually know the religious need of the individual - then the employer may be liable ...
Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O'Reilly, workplace violence, and inspirational employees -- we have it all today! Here are some links about recent news and court cases involving the workplace, followed by some points for discussion if you'd like to comment.
Supreme Court justices seem to side with hijab-wearer ...
When it comes to Halloween in the workplace, just call me Scrooge.
A reader writes,
Hi, Robin. I dread the prospect of employees coming to work in inappropriate Halloween costumes. I've seen costumes that are sexually provocative, or that reflect racial or ethnic stereotypes. Some people even say that employers shouldn't have Halloween parties because some employees have religious ...
Abercrombie & Fitch has won a huge victory in one of its Muslim hijab-accommodation cases -- but will the decision stand?
As you know, the Equal Employment Opportunity Commission has filed two lawsuits against Abercrombie in California -- both of which have now settled -- but there was another one in Oklahoma, and it may be the most interesting of them all.
The EEOC won summary judgment ...
It has been a busy week. Muslim headscarves, tech exec's tweets get him fired, and Lady Gaga is going to trial!
UPDATE ON LADY GAGA (10/22/13): She has settled her case.
Abercrombie gets fitched, and HR doesn't always get it right. I have previously reported on the litigation against Abercrombie & Fitch and its "looks policy" which at one time did not allow head coverings, even if worn for ...
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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