Bill McMahon, my law partner and next-door neighbor, has a good analysis of the Supreme Court's recent decision in Green v. Brennan, in which the Court found that the time for filing a constructive discharge claim under Title VII starts to run from the date that the employee tenders his resignation, not the date of the last discriminatory act by the employer.
It's not that bad for ...
Remember this guy?
Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary in excess of $200,000 a year) when he was 63 years old and after he'd allegedly suffered a mini-stroke.
We had limited news reports this far east, but ...
As an employer, what do you do when one of your employees reports being sexually harassed by a vendor?
Easy, right? You call the vendor's boss and say, "If you want to continue doing business with us, then you will not send this person back to our company." The vendor wants your business, so her answer is, "Sir, yes sir! Anything you say, sir! We appreciate your business! Thank you for ...
T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination. We're providing regular coverage of the jury trial, which is expected to last about four more weeks. For the background on Mr. Simers' termination, go here. For the testimony of Mr. Simers' psychiatrist earlier this week, go here.
Duel of the ...
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony?
That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following:
- Nothing
- Issue 8 bazillion warnings but never act on them
- Offer a demotion, or a transfer to a less demanding job
- Let the employee ...
Some employers really, really hate to fire employees. That doesn't mean they won't do it - but they'll do just about anything to avoid calling it what it is.
A few months ago, I wrote about "bogus RIFs" - when an employer tries to avoid "firing" an employee by claiming it's really a "reduction in force."
There's another kind of "alternative" separation called a constructive discharge.
How many readers knew it was illegal to discriminate against white people . . . or guys?
The reason I ask is that we had a decision this week from the U.S. Court of Appeals for the Eighth Circuit, which hears appeals from federal courts in the states of Arkansas, Iowa, Minnesota, Missouri, Nebraska, and the Dakotas. A majority-African-American school board was found by a jury to have ...
I was all set to write this week about the EEOC's new Strategic Plan for 2012-16, but it was so darned vague, I'm not sure what I can meaningfully say about it. (In Roget's Thesaurus, or maybe it was The Devil's Dictionary, somebody said "strategic" was a synonym for "so indefinite that you can easily take the credit for achieving your goals, and no one will be the wiser if you failed. See also
It's not just London that is suffering from unrest these days -- there is reason to believe that American workplaces are far from heaven, too, even for those who are still fortunate enough to be employed.
The Wall Street Journal recently reported that approximately 75 percent of departing employees would not recommend their former employers to others looking for a job, almost a ...
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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