Last week, I posted about the Supreme Court's decision in Vance v. Ball State, a nice win for employers. Here's another: University of Texas Southwestern Medical Center v. Nassar, in which the Court held that a plaintiff seeking to get to a jury on a retaliation claim has to meet an exacting standard of proof.

What the case was about

The plaintiff, Dr. Nassar, was a physician of Middle ...

In honor of our nation's 237th birthday (she doesn't look a day over 236, IMO), I'll be off Friday and hope you will be, too. Meanwhile, the Supreme Court has given employers two victories that will make you want to have a beer and shoot off some Roman candles from the back porch. Here's the scoop on one of the decisions -- Vance v. Ball State University, in which the Court took a narrow ...

If you fire an employee for an indefensible reason, chances are you will get a charge or a lawsuit out of it, even if the indefensible reason was legal. That's HR/Legal 101. (In other words, don't believe that "employment at will" propaganda.)

If you realize your reason wasn't too good and therefore "improve" it a little after the fact, that just makes things worse. If you "improve" it ...

Mother's Day is long past, but you'd never know it -- in employment law, this has been the Week of the Moms. Here's a roundup - tell us what you think!

First up: Title VII's ban on pregnancy discrimination includes discrimination based on lactation or the need to express milk. The U.S. Court of Appeals for the Fifth Circuit* has held in a lawsuit filed by the U.S. Equal Employment Opportunity ...

How much do you really know about the Genetic Information Nondiscrimination Act? Here's a quick quiz:

Which of the following is an unlawful request for "genetic information"?

1. "Our company requires a post-offer, pre-employment medical examination that includes a complete genotype. We will need to verify that you have all 46 chromosomes but no extras. And any mutations will ...

Is your company an EEOC target?

I've written before about the Strategic Enforcement Plan of the Equal Employment Opportunity Commission, which was officially adopted last December, and the Commission's priorities. Last week, EEOC Commissioner Victoria Lipnic spoke about the Plan in more detail at legal compliance symposium.

Commissioner Lipnic is a Republican who used to ...

First responders in West, Texas*. Sales clerks in the stores near the finish line at the Boston Marathon. Staff of the District Attorney's office in Kaufman County, Texas. Teachers and administration at Sandy Hook Elementary. Ticket-takers and popcorn-scoopers at the Century 16 movie theater in Aurora, Colorado.

*Although the explosion at West Fertilizer Company appears to ...

Five quick ones from the harassment world, plus a "bonus track" involving our old friends Sheryl Sandberg and Marissa Mayer.

This is sexual harassment? On what planet? Employment Law360 (paid subscription required) reports that a court in California is allowing the sexual harassment claim of model Lanisha Cole from The Price Is Right to go to trial in May. According to Ms. Cole, the ...

Dear Congressperson:

I know you are busy, but I am hoping you can take a few minutes out of your sequester stuff to help with the Family and Medical Leave Act, as amended by the National Defense Authorization Act of 2008, as amended again by the National Defense Authorization Act for Fiscal Year 2010, as amended yet again by the Airline Flight Crew Technical Corrections Act of 2010.

Here's ...

Whoa.

A federal judge in Pennsylvania held this week that U.S. Steel had the right under the Americans with Disabilities Act to conduct random alcohol tests on probationary employees at a coke plant, granting summary judgment to the company in a class action that had been filed by the Equal Employment Opportunity Commission.

The court found, in a "case of first impression,"* that the ...