Are you in retail, fashion, or marketing, and getting ready to reject a job candidate because he or she doesn't have the "look" you want?

You might want to look before you leap. Or before you have to go to trial in front of a California jury against the Equal Employment Opportunity Commission.

The apparel chain Abercrombie & Fitch is learning that the hard way.

Abercrombie was sued a while ago ...

Following up on my post on the subject, I had the chance to talk with Colin O'Keefe of LXBN regarding the recent "veganism as religion" case of Chenzira v. Cincinnati Children's Hospital Medical Center. In the brief interview I explain the background of the case and offer my thoughts on whether or not the plaintiff's veganism must be religious in nature for her claim to stand.  Colin, thank ...

Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness returns next week.)

"Please, sir, may I have some more gruel? Amazing how tasty it is when you're starving!"

1. OK, I am completely serious now. You, my clients, and ...

It was a dark and stormy night.

Creeeeeeeeaaaaaaaaaaak . . .

Eeeeeeeeeeeeeeeeeeeeeeeeeeeaughhhhhhhhhh . . .

In honor of Halloween, here are nine things employers say that strike terror in the hearts of their lawyers. CAUTION: Pregnant women, anyone with a heart condition or seizure disorder, and anyone who is easily upset should stop reading NOW!!!!

No one will be seated after the ...

This week, several of us bloggers (Dan Schwartz, Donna Ballman, Eric Meyer, Jon Hyman, and I) will be choosing a debate question on a labor and employment law topic for each of the Presidential and Vice Presidential candidates.

DISCLAIMER: I have tried to ask an "adversarial" question of every candidate. Please don't be offended, and please be aware that my questions may or may not ...

Employers, is your appearance code so important that you would pay more than $150,000 to ban a $10 accessory in the workplace? 

This is the story of the $150,000 lanyard.

If you are ignorant like me, you are thinking, "What the heck is a lanyard? Isn't that a part of a ship?" (Actually, I am sure that no one but me is that ignorant.)

A lanyard, I am ashamed to admit I have only recently learned, is ...

The Chinese New Year is almost upon us. In honor of the Year of the Dragon, and in fond farewell to bilingual Jon Huntsman, who announced that he was withdrawing from the presidential race (hmm . . . speaking Mandarin in a Republican debate? . . . not sure that's a choice I'd have made), we have enough employment and HR blog posts to get you through the entire new year's season without repeating ...

A cornucopia of random employment law issues for your long weekend.

Lessons for employers from the Natalie Wood investigation. (OK, I admit this is a shameless tie-in designed to get you to read a legal blog over a holiday weekend.) But the reopening of the Natalie Wood drowning investigation after 30 years does contain a good lesson for employers -- to wit, that no matter how much time has ...

Odds and ends from the employment law world this week:

Facebook rant about wages didn't create retaliation claim. Molly DiBianca of the Delaware Employment Law Blog reports on a decision from a federal court in Florida saying that a Facebook rant about an employer's alleged violations of the Fair Labor Standards Act overtime provisions was not "protected activity" that would trigger ...

Plaintiff's lawyer Donna Ballman and The Evil HR Lady have had good posts recently on common employee misconceptions about employment law, including the "right" to see what is in one's personnel file and the "right" to take a break.*

*Depending on where the employee lives, he may have these rights, but in many states he does not. And the federal Fair Labor Standards Act does not require ...