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Life imitating art? Pregnant and fired — when will employers learn? 27 Aug 2013 | 04:39 pm
The Ohio Chamber of Commerce brings us this funny video about how not to fire pregnant employee: Sadly, life sometimes imitates art. Last week, the EEOC announced that it had sued a Mississippi hote...
Litigation publicity as an adverse action for retaliation 26 Aug 2013 | 04:40 pm
Ray v. Ropes & Gray LLP [D. Mass. 8/16/13) [pdf] teaches a valuable lesson about what can go wrong when a dispute between an employer and a former employee goes public. John Ray is a former associate...
WIRTW #285 (the “back to school” edition) 23 Aug 2013 | 03:26 pm
(Yes, I’m “that” dad). Here’s the rest of what I read this week: Discrimination Fox Sports 1 Launched With A Major Discrimination Lawsuit Problem — from Deadspin Fifth Circuit Reverses Summary Jud...
Relying on stereotypes will put a target on your back 22 Aug 2013 | 05:27 pm
According to The Huffington Post, a group of Hispanic employees is suing Target for national origin discrimination. Their evidence—an internal memo that included the following “Multi-Cultural Tips” fo...
Where’s Waldo? She’s teaching you a lesson on the high cost of sexual harassment 21 Aug 2013 | 04:45 pm
While employed as an electrical line worker for Consumers Energy Company from 2001 through 2005, Theresa Waldo claimed that she suffered the following incidents of sexual harassment, about which she c...
Why you should take all harassment complaints seriously 20 Aug 2013 | 04:55 pm
Today I am going to discuss two racial harassment cases decided by the same court, on the same day, but with different results. In Paasewe v. Action Group, Inc. (6th Cir. 7/17/13), the plaintiff alle...
How to draft an enforceable noncompete agreement in 5 steps 19 Aug 2013 | 05:00 pm
According to the Wall Street Journal, litigation over noncompete agreements is rising: More employers are requiring their new workers to sign “noncompete” agreements, which they say are needed to pre...
WIRTW #284 (the “help if you can” edition) 16 Aug 2013 | 05:06 pm
I’ve never used this space to ask anyone to donate to anything. This week is an exception. My niece had a scare. After months of knee pain, doctors found a 6 cm mass on her tibia. We feared the worst...
Clearing up some misconceptions on social media and privacy 15 Aug 2013 | 04:53 pm
“Bosses force woman to show Facebook page to prove she's not lying,” reads this headline on the venerable technology website, CNET. According to the article, the New Zealand Employment Relations Autho...
6th Circuit permits employers to enforce reasonable call-in rules for FMLA leave 14 Aug 2013 | 04:41 pm
In Cavin v. Honda of America Manufacturing, he 6th Circuit held that “the FMLA does not permit an employer to limit his employee’s FMLA rights by denying them whenever an employee fails to comply with...