One of the marks of a good trial lawyer is knowing when to sit down and shut up.

Maybe these lawyers knew that, and were just desperate.

CorpCar Services of Houston (Texas) lost a racial harassment lawsuit filed by two employees based on a dancing gorilla (played by a white woman) who was hired to "entertain" at a mandatory safety meeting. The gorilla's schtick included referring to her ...

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 ...

This is my "Labor Day" post. (hehe)

Yahoo's CEO Marissa Mayer announced this week that she is expecting twin girls, and Yahoo's stock reportedly took an immediate dive. (H8rs!) Mayer said that she plans to take only two weeks off, and she can probably manage that because she has a nice nursery right off her CEO office. (You may recall that she had it built at the same time that she outlawed ...

If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you?

Inquiring HR professionals, in-house lawyers, and counselors want to know!

The U.S. Court of Appeals for the Third Fourth Circuit says no - Title VII's anti-retaliation protections apply to you, too.

In a very significant decision that all employers should ...

Dear Americans with Disabilities Act,

How time flies -- you're already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here. I hope you don't mind one more from me.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together.

I ...

We went to the U.S. Supreme Court, and all I got was this lousy $45K?

(Better than a lousy t-shirt, I guess.)

Law360 reports that, now that the U.S. Supreme Court has ruled in favor of the Equal Employment Opportunity Commission in the high-profile religious discrimination and accommodation case, Abercrombie has agreed to pay Samantha Elauf $25,670.53 in damages and $18,983.03 ...

Maybe not that much, depending on where you are and how "proactive" you've already been before now.

Seriously, I don't think Friday's Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of "spouse" included same-sex spouses (assuming the marriage was legally valid where ...

I haven't had a chance to analyze yesterday's Supreme Court decision in King v. Burwell, so meanwhile here is a link to a "plain English" summary of the decision, and here is a link to the decision. Both from the outstanding SCOTUSblog.

We will have more on this in the not-too-distant future. Don't go away!

The decision in Obergefell v. Hodges, hot off the press, is 103 pages long, but here it is. Some instant analysis:

*The due process and Equal Protection clauses of the 14th Amendment to the U.S. Constitution compel states to recognize same-sex marriages.

*The First Amendment will continue to protect those who object to same-sex marriage for religious reasons.

The decision was 5-4 ...

This is a first. I don't think I've ever agreed with Antonin Scalia and Ruth Bader Ginsburg at the same time. What's the world coming to?

In a nutshell, the Supreme Court decision in EEOC v. Abercrombie means this: if an employment decision is motivated by religion - even if the employer does not actually know the religious need of the individual - then the employer may be liable ...