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How Should (and Shouldn’t) You Conduct a Workplace Investigation?
How exactly should an employer, conduct a workplace investigation? Understand when and why employers should conduct workplace investigations (click here and here for review) is all well and good. We...
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Making Sense of the EEOC Position on Confidentiality in Workplace Investigations
If you have been reading the last few posts here at The Emplawyerologist, you have seen why it is important to know when and why you might need to conduct an investigation, who should or should not...
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Thou Shalt Not Retaliate Against Thine Employees—Ever!!
Many employers are aware that they are not supposed to discriminate against employees belonging to certain classes protected by statute. A number of employers have also found themselves defending...
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What??? Even Informal, Oral Complaints Can Support an Employee’s Retaliation...
The subject of retaliation seems to be taking the world of employment law by storm. Why? We know that employer retaliation against employees protesting employer practices reasonably believed to be...
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How Much Has the US Supreme Court Undercut Workplace Retaliation Claims?
The United States Supreme Court in June decided two cases believed to be very “employer-friendly”. I mentioned the first, Vance v. Ball State University 133 S.Ct. 2434 (2013) here in a recent...
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Wal-Mart and Workers’ Compensation: Adding Insult to Injury?
Rare is the employee who wants to get injured on the job, or the employer who wants to deal with the fallout of such injuries–especially workers’ compensation coverage and claims. Of course employers...
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Sexual Harassment Complaints Don’t Go Away When You Ignore Them–Ask Wal-Mart!
On March 25, 2014 the EEOC announced a settlement of a sexual harassment case against Wal-Mart. Most employers do not want to be seen as tolerating sexual harassment. Wal-Mart is probably no exception....
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Can Employers Learn How to “Get Religion” From Wal-Mart?
According to the Wall Street Journal’s October 27, 2013 article (which you can find here) employment-related religious discrimination claims are on the rise. The EEOC received 3,811 religious...
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Some Colorful Lessons From Wal-Mart Racial/Ethnic Bias Cases
Wal-Mart, the nation’s largest retail employer, has been teaching us over the last few weeks about employer pitfalls to avoid. (Once again, let’s show Wal-Mart some gratitude for committing its time,...
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The Concluding Piece on Wal-Mart’s Employment Law Capers
After 11 weeks of semi-intense focus on the world’s largest private employer, The Emplawyerologist is now wrapping up its series on Wal-Mart. Now, of course, we can still expect to hear more about...
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Breaking News: NLRB Files Consolidated Complaints Against McDonald’s...
For the second time in a month I am writing a supplemental post. The previous one, which you can find here was about the US Supreme Court decision that employers do not have to pay employees for the...
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More Key Supreme Court Employment Law Cases in 2015-16
This week we return to our Supreme Court Employment Law Watch. If you missed last week’s post on some of the cases, you can find it here. Last week we were just getting started. There’s more to do....
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What We Can Learn from Gretchen Carlson and Fox News
Whether they want to report it or not, one piece of is spreading rapidly: Gretchen Carlson, a former host at Fox News (and, yes, a former Miss America) has sued Fox News for sexual harassment and...
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The EEOC’s Enforcement Guidance on Retaliation
Less than two weeks ago (August 29, 2016 to be precise) the EEOC issued a final Enforcement Guidance on Retaliation claims under the different laws it enforces. Those laws include: Title VII of the...
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More on the EEOC and Workplace Retaliation
We were in the middle of the EEOC’s Enforcement Guidance on Workplace Retaliation last week. We left off discussing what activity would be opposition to discrimination (and therefore protected from...
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The Almost-Final Piece on the EEOC and Workplace Retaliation…
OK, this is it, the countdown. This is the next-to-last installment of our scintillating mini-series on the EEOC and Workplace Retaliation. You’ll only catch it here. It’s not in theaters or on T.V....
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How The EEOC Says You Can Steer Clear of Retaliation Claims
We’ve already talked about how the EEOC defines the different elements of a retaliation claim. While the Enforcement Guidance offers some clarification, it also defines those elements very broadly....
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Can You Fire Your Needle-Phobic Pharmacist? One Court Says “Yes”.
You may have seen more pharmacies offering immunization shots in the last few years. That means someone at the pharmacy needs to administer those shots. Usually that someone is a pharmacist. What...
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What Happens When You Mix FMLA (and ADA) and Retaliation?
I don’t encounter many employers that don’t have some type of issue with employee leave–especially when an employee may be eligible for more than one type of leave (e.g. FMLA, ADA, workers’ comp). Then...
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Your Employee’s on a Performance Improvement Plan–and S/he Sued???
Suppose you are a Department Head at Larger-than-Life Sciences, Inc. Rhonda the Researcher is one of your direct reports. Rhonda is just not performing well at her job. In fact, you are not sure she is...
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