What's a "materially adverse employment action"? This is the second part in what should be a three-part series (it's possible that we'll need four) on the proposed Enforcement Guidance on Retaliation and Related Issues recently published by the Equal Employment Opportunity Commission.

To recap from last week, a plaintiff in a retaliation case has to prove three things:

1. She ...

If Joe tells co-worker Mary a dirty joke, Joe is probably in violation of the employer's no-harassment policy, right? And he risks being disciplined, or even fired, right?

Right.

But if Mary sues Joe for sexual harassment based on this one joke, her lawsuit will in all likelihood be thrown out of court, right?

Right.

That's because you can't sue over just any old thing, even if it's annoying ...

Another set of FMLA regs, effective today! Par-TAY!

Last week I vented about the continuous congressional tweaking of the Family and Medical Leave Act, which necessitated the issuance of new FMLA regulations. Here is a copy of the new regs, which were published in the Federal Register on February 6 and take effect today.

"NEW FMLA REGS!!!! GO WILD!!"

Here are some links at the Department ...