NOTE (3/16/16): This post has been corrected since it was originally posted. 

President Obama has nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit to the Supreme Court vacancy created by the death of Justice Antonin Scalia.

Judge Garland, age 63, had bipartisan support when he was nominated to the D.C. Circuit (in 1995, by President ...

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 ...

Well, it's that time of year again - what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments.

I'm thankful that I'm not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not ...

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 ...

Young v. UPS is ovah!

Law360 reported this morning that Peggy Young and United Parcel Service have settled their pregnancy discrimination/accommodation case that went to the Supreme Court, resulting in this decision from last March. The Supreme Court had found in Ms. Young's favor for the most part, but remanded the case so that the lower court could make findings applying the Supreme ...

Today's majority opinion of the Supreme Court in the Young pregnancy accommodation case reminded me of this scene:

https://vimeo.com/102830089

Employers are Jennifer Anniston, and Justice Breyer is Mike Judge.

I'll be back with some real information about what this decision means for employers.

No, not that kind of egg.

This kind of egg:

Eggs - human eggs, aka ova - have been in the news this week. First, it was announced that Facebook and Apple will begin offering insurance coverage for female employees to freeze their eggs for later fertilization and implantation, a procedure that can cost as much as $20,000. There are mixed feelings about this - on the one hand, some women ...

Many, many years ago, as an associate, I got to help defend the worst harassment investigation of my career. The entire investigation went essentially like this: MANAGER: "Lucy [not her real name] says you sexually harassed her. Is that true?" ACCUSED: "I ain't crazy." *End of investigation.* Oh. Except that the manager documented it, too. *Head slap* .

 In this manager's defense, he was ...

                          If you ever plan to motor west,

Travel my way, take the highway that is best.

Get your kicks on Route 66.

It winds from Chicago to LA,

More than two thousand miles all the way,

Get your kicks on Route 66.*

OK, kiddies -- jump into my '55 T-bird, and let's take off on old Route 66, from Chicago to L.A., more than two thousand miles all the way! If you promise to behave, I'll let you ride with the top down.

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 ...