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 ...
YIKES! Lady Gaga: Wage-and-hour lawyer's nightmare!
Lady Gaga has been sued for unpaid overtime by her former personal assistant, Jennifer O'Neill. (No relation to the beautiful star of Summer of '42.) Ms. O'Neill, who has claims under the federal Fair Labor Standards Act and New York state wage and hour law, says that she was at Ms. Gaga's beck and call 24/7 for about 15 months but was ...
By David Phippen, Fairfax Office
UPDATE: David's client bulletin analyzing the D.C. Circuit's Noel Canning decision is available here.
The U.S. Court of Appeals for the District of Columbia Circuit struck down today the "recess appointments" of Sharon Block and Richard Griffin to the National Labor Relations Board. Without Members Block and Griffin, most of the Board decisions ...
(As the agencies and courts enter their year-end flurry of mischief, I'll be doing quick posts as needed on the latest developments.)
Dum-da-dum-dum!
The Equal Employment Opportunity Commission has adopted essentially the Strategic Enforcement Plan that I posted about earlier this year. The final version has added "equal pay enforcement" to its list of high priorities. Here is the ...
I am sure you have all heard by now about the $8.7+ million award against The Price Is Right in a pregnancy discrimination lawsuit filed by one of the show's models, Brandi Cochran. A summary of the lawsuit appears after the jump.
As I've previously reported, pregnancy discrimination is one of those hot issues for the U.S. Equal Employment Opportunity Commission. TPIR may really ...
I wonder if there is a recognized legal specialty in the area of unwed-pregnant-moms-and-religious-schools-discrimination law. If so, I think I will qualify very soon. Happy belated Mother's Day?
Not long ago, I wrote about the Archdiocese of Cincinnati, which terminated an unmarried pregnant teacher at a Catholic school -- not for "immoral" behavior -- although they did think her ...
With Easter and Passover almost upon us, what better topic than a new case on the ministerial exception to Title VII?
A federal judge in Ohio has recently refused to dismiss* a lawsuit brought by a former teacher at a Catholic school who alleged that she was let go because of her pregnancy. (The teacher was not married, and she alleged that she became pregnant through artificial ...
Employers, are you expecting too much from your "probationary period"?
Most employers have a 90-day "probationary period," and if you believe what's in their policies, they can fire an employee for any reason during that period -- no ifs, ands, or buts. (And if you believe that, I know a Nigerian prince who needs to hold your money for a little while so he can return it to you a thousandfold.)
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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