Posts tagged SCOTUS.

Must-see TV! President Trump said last night that he would be announcing at 8 p.m. EST tonight his nominee for the U.S. Supreme Court vacancy that was created by the death of Justice Antonin Scalia. You have to hand it to the President for scheduling the announcement for prime time, when everyone can watch. Although I think it would be even better if he had all the candidates with him ...

President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia.

According to most news sources, the three leading contenders are U.S. Court of Appeals Judges William Pryor (Eleventh Circuit), Neil Authority of Law StatueGorsuch (Tenth Circuit), and Thomas Hardiman ...

This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It's 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will3231-EEOC_SEAL_2 start with the comment-worthy provisions. Next week, I'll post about the proposed Guidance more generally. Overall, the ...

A federal judge in the District of Columbia has denied the AARP's request for a preliminary injunction against the wellness rules issued by the Equal Employment OpportunityThumbs Down.flickrCC.CharlesLeBlanc Commission last May. As a result, the EEOC rules -- which establish when participation in an employer-sponsored wellness program is "voluntary" within the meaning of the Americans with Disabilities Act and the ...

Feeling whipsawed?

Girl.flickrCC.HelgaBirnaJonasdottir
"C'mon . . . make up your mind!"

Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not "sex discrimination" or unlawful sex stereotyping that violates Title VII. That decision has since been vacated, and the case will ...

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who've been sued recently in an effort to stop their regulations from taking effect.

MichelleObamaAARP.flickrCC.MikeLicht
DISCLAIMER: The First Lady does not necessarily endorse this lawsuit.

We have the two lawsuits against the U.S. Department of Labor challenging the overtime rule that is scheduled to take effect on ...

Mr. Peanut 2.flickrCC.ChristineMajul
"Who done it?"

I'm a week late with this follow-up. (Sorry.)

Two weeks ago, I posted about an employee (fictionally named "Zoey") who had a peanut allergy. After she asked a peanut-butter-loving co-worker ("Addison") to be considerate, Zoey found a big glob of peanut butter smeared under her desk, which caused her to get sick. Addison denied being responsible.

To recap from last ...

Karla Miller of the "WorkAdvice" column in the Washington Post had a doozy last week.

Mr. Peanut 2.flickrCC.ChristineMajul
I cannot tell a lie. I love Mr. Peanut and everything he represents.

I'm going to assume that all the people involved in this story are female. I'm probably wrong, but that will allow me to make up fake names for them.

PEANUT BUTTER PASSION

The letter writer (let's call her Zoey), had a peanut allergy ...

NOTE FROM ROBIN: This is the first in a two-part series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group. Damon, welcome to the blog! 

Damon Kitchen
Damon Kitchen

It’s election season, and each year, like the dead leaves that fall from the trees, many loyal and long-term employees of vanquished incumbents face the ...

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 ...

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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