Tag Archives: discrimination

Employees Behaving Badly III: Now What?

This is the second time my post discusses Donald Trump, except now he is President-elect Donald Trump.  Much has been written in the week since his election regarding how his presidency may impact employers.  Overall, the consensus seems to be that established laws such as Title VII and the Americans with Disabilities Act, for example, … Continue Reading

Halloween Costumes at Work Could be “Tricky”

At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience after treating employees to Halloween cheer.  First, while many will revel in the opportunity to wear a costume to work and to enjoy … Continue Reading

Federal Court Gets Cat Scratch Fever

The “Cat’s Paw” doctrine describes the situation where an employer may be liable for employment decisions based on the discriminatory animus of an employee who influenced — but who did not make — an employment decision.  The phrase comes from an Aesop fable where a conniving monkey convinces a naïve cat to reach into a … Continue Reading

Words Matter: Preparing For A Reduction In Force

A few weeks ago, four former Hewlett-Packard employees between the ages of 52 and 63 filed a class action lawsuit in California alleging that HP engaged in age discrimination, and terminated their employment, in connection with a paring-down and restructuring of its workforce. HP has denied the allegations of discrimination, stating that, “[t]he decision to implement … Continue Reading

What Employers Need to Know about Zika

The Zika virus — a disease spread primarily through mosquito bites — continues to make international headlines. While the virus is not new, it is new to the Americas. According to the U.S. Centers for Disease Control (CDC), outbreaks have been reported in at least 51 countries or territories. Brazil has been the country most affected … Continue Reading

There is a New EEOC “Sheriff” in Town!

I recently attended a breakfast meeting with Michael Farrell, the new District Director for the Miami office of the U.S. Equal Employment Opportunity Commission. The Miami District Office has jurisdiction over the State of Florida (excluding a few counties in Florida’s Panhandle), as well as Puerto Rico and the U.S. Virgin Islands.  Federico Costales was … Continue Reading

Law Would Ban Florida Employers From “E-Stalking”

Not long ago, we blogged about social media as a blessing and a curse for employers.  On the one hand, social media help businesses market products and services; on the other, social media provide employees with an easily-accessible platform to draw negative attention to the business. To prevent (or minimize) this negative attention, a small universe … Continue Reading

The “Accidental” Termination?

Rumors of more potential layoffs have been circulating for quite some time at the once internet giant, Yahoo. Despite reductions in its workforce by 14% in 2014, Yahoo’s economic woes continue.  So, it was not necessarily a surprise when approximately 30 employees were laid off in late January even after statements by Yahoo’s CEO denying … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

The Pros and Khans of Good Workplace Management

Recently, I had occasion to watch Season 1 of the Netflix series, Marco Polo. The plot is based on the 13th century Mongolian Empire. However, to an employment lawyer, it all seems like a page out of an employment law primer. The main protagonist (read, disgruntled employee), Marco Polo, is indentured into servitude by his … Continue Reading

Who Needs Congress When We Have The EEOC?

Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s historic decision in Obergefell on June … Continue Reading

Delivering A New Florida Law: Pregnancy

Two hours at the gym, a full face of make-up and your best feel-good outfit: that’s how many a girls’ night out begins. But this one ended abruptly when a young woman claims she was turned away from a bar whose owner thought she was pregnant. Last month, a local Jacksonville, Florida news channel aired … Continue Reading

Proving Emotional Harm: Using One’s “Head”

Stress. Anxiety. Paranoia. Anger. Fear. Depression. Angst. These are the types of words you would expect to hear from a plaintiff seeking compensatory damages (damages for alleged pain and suffering) in a discrimination or harassment case. How does a plaintiff prove the existence of pain and suffering? Often times, a plaintiff simply takes the stand … Continue Reading

Common ¢ent$, Glass Ceilings, and a 9-Year Old Girl

Women may not yet have achieved equality in the corporate boardroom, but women have broken through the glass ceiling to take-on the CEO position in a handful of the largest U.S. companies, including General Motors (Mary Barra), Xerox (Ursula Burns), Yahoo! (Marissa Mayer), Hewlett-Packard (Meg Whitman), PepsiCo (Indra Nooyi), IBM (Virginia Rometty), Lockheed Martin (Marillyn … Continue Reading

6 Words That Cost An NBA Star $25,000

Another sports blunder creates another blogging opportunity. In the 3rd quarter of the Los Angeles Clippers/Cleveland Cavaliers NBA game last Thursday night, the Clippers’ All-Star guard, Chris Paul, received a technical foul after he questioned a rookie referee. The referee happened to be a female, Lauren Holtkamp. Do you see where this is headed? In … Continue Reading

Gender Identity/Transgender Discrimination: A New Federal Enforcement Priority

Title VII does not protect against sexual orientation discrimination (though many state and local laws do). The battle to amend this most prominent of employment laws to protect sexual orientation has been waged for years, unsuccessfully. Yet, seemingly overnight, issues of gender identity or transgender discrimination have leapfrogged to the forefront of the federal enforcement … Continue Reading
LexBlog