Life may be a meme—or at least it may seem that way sometimes, especially after a meme embodying intergenerational conflict recently worked its way into arguments in an age discrimination case before the highest court in the land. At oral arguments in Babb v. Wilkie, Chief Justice John Roberts asked one of the advocates if […]
Tag: Supreme Court
Does Title VII of the Civil Rights Act prohibit discrimination based on gender identity (as part of its prohibition on gender discrimination)?
Three lawsuits against corporate retirement benefit plans involving the Employee Retirement Income Security Act (ERISA) have been, and a fourth may be, granted certiorari by the U.S. Supreme Court for its next term, a relatively large concentration of these cases in the High Court’s recent history of hearing ERISA matters.
Halfway through the current administration, it’s unlikely there will be much significant employment legislation passed between now and the next election. With the Democrats controlling the House of Representatives, it doesn’t really matter what laws the president proposes and the Senate passes. There won’t be any consensus on major legislative policy initiatives.
In a previous post, we discussed Google’s recent decision to end forced arbitration for all disputes involving current and future employees, except for disputes that have already been settled. This followed a change late last year that removed the requirement for cases alleging sexual harassment and assault.
According to the Society for Human Resource Management, the U.S. Bureau of Labor and Statistics reported that participation in labor unions was down in 2016, especially in the private sector. And the cause for this is due to the ever-increasing responsiveness of human resource (HR) professionals and the positive employee relations they inspire in the […]
A 58-year-old attorney had too much experience to seek an in-house legal position with a healthcare products company. In a U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—decision, the court considered whether the “disparate impact” provision of the Age Discrimination in Employment Act (ADEA) covers job applicants or only current […]
The U.S. Supreme Court’s 5-4 ruling in a case directly affecting employers of auto service advisers is expected to have implications for employers of other kinds of workers as well since the Court rejected the notion that exemptions to the Fair Labor Standards Act (FLSA) must be construed narrowly.
A record number of the nation’s major companies and law firms are advancing policies and practices to protect lesbian, gay, bisexual, transgender, and queer (LGBTQ) workers around the world, according to the 2018 Corporate Equality Index (CEI) from the Human Rights Campaign (HRC) Foundation, the educational arm of the nation’s largest LGBTQ civil rights organization.
A substitute school custodian said she was pressured to have sex with a foreman in exchange for more hours and then retaliated against for refusing his advances and lodging a sexual harassment complaint. This case demonstrates the importance of training employees and supervisors on sexual harassment prevention and on protocols for reporting harassment.