But will the EEOC be allowed to defend?

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too.

Are you in the know?

Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question "yes" last week.

Are these judges crazy? You decide.

In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed dismissal of ...

UPDATE (10/17/16): As expected, the EEOC has appealed the District Court's decision described below to the U.S. Court of Appeals for the Sixth Circuit.

Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but here it is ...

Remember EEOC v. R.G. & G.R. Harris Funeral Homes? This was the transgender discrimination case brought by the Equal Employment Opportunity Commission against a suburban Detroit funeral home chain for allegedly discriminating against an employee after she began presenting as a female. It's one of the few cases where the employer actually fought back, with the help of the Alliance ...

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases. So I hate to bring it up again (not really -- I like debates in the comments!), but I received a very good question from an attorney reader a while ago, and he gave me permission to run his question here.

Ms. Shea,

I ...

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?

Right?

Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception to this rule. (Otherwise, it would be too easy for employers to stay out of ...

You be the judge of these real-life employment disputes! (I've changed the names to make it harder for you to Google the answers right away, but the answers with links are at the end of the post.)

1. Susan and her husband, who are white, are cleaning out their attic one weekend. They come across some quaint old clothes and sepia-tinted pictures, and among the treasures Susan finds an old ...

I was interviewed yesterday by Colin O'Keefe of LXBN-TV on the impact of the Supreme Court's Hobby Lobby decision, and I did a "quick and dirty" post on the decision the day it was issued. Since that time, the decision has been sharply criticized in the traditional media and on social media.

Here are six reasons why I think the decision is not the end of the world, even if you are strongly in ...