The Employment Non-Discrimination Act is dead again. Is there any federal law on same-sex harassment or discrimination? If so, what is it? Here are some scenarios that may be helpful in picking through this crazy extremely complex and rapidly transitioning area of the law. (Answers are provided after Scenario 6, below.)

The American Bar Association is still accepting nominations for ...

As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!"

Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer. Most of last week's post simply described the differences between a motion to dismiss, a motion for summary judgment, and a trial, as ...

John Gallagher, a plaintiffs' lawyer, had a good posting last week on TLNT entitled "Can an Employee Be Terminated for Simply Surfing the Internet?"

The point of the article was that, although this seems to be a legitimate ground for termination on its face, it really isn't because everybody surfs the internet at work. Therefore, terminations for this reason make John very happy ...

It's legal for me, an adult, to live on a diet of candy bars and milkshakes, but probably not  prudent. (Sounds kinda tasty, though.)

Similarly, in the employment world, what we can get away with is not necessarily what we ought to do.

Jewell Lim Esposito, at our sister blog, Employee Benefits Unplugged, reports the Supreme Court's refusal to review a decision from the U.S. Court of Appeals ...

The Cynical Girl has a great list of The Top Ten Reasons Why Your Boss Doesn't Like You. On a somewhat related note, here are some recent cases from employment law plaintiffs' bizarro world, for your weekend reading pleasure:

Naw, I'm pretty sure I was fired because of my race. The U.S. Court of Appeals for the Third Circuit (Delaware, New Jersey, and Pennsylvania) has affirmed

One of my favorite Christmas movies is the 1947 version of Miracle on 34th Street, but ever since I became an employment lawyer, I have not been able to watch it without thinking about how different the story would be today.

For our readers who are not black-and-white movie buffs, here is a summary of the plot: A nice little old man named Kris Kringle (Edmund Gwenn) is strolling down the ...