Last week a federal judge in the Southern District of New York Judge dismissed the EEOC’s long running sex and pregnancy discrimination lawsuit against financial media company Bloomberg, LP. EEOC claimed Bloomberg engaged in a “pattern and practice” of discrimination against pregnant women and mothers returning from maternity leave by reducing their pay, demoting them in title,
Employment Law Myths
Robin Shea at Employment and Labor Insider had a great post a couple of days ago on common misconceptions about employment laws that trip up employers.
It is surprising how often employers think the law allows freedom to act without risk of bad consequences when precisely the opposite is true. I call them “employment law myths”.
Supreme Court Expands (Again) the Universe of Employees Protected From Retaliation
In a unanimous decision yesterday, the U.S. Supreme Court expanded the universe of employees who might be protected from retaliation under Title VII and other federal 
employment laws.
A retaliation claim is based upon an employer’s adverse action taken in response to an employee’s “protected activity”. Typically, protected activity includes things such as making a complaint
Employers Should be Aware of the Risks, as well as the Benefits, of Using Leased Workers
An Article in Sunday’s Des Moines Register pointed to an increase in the hiring of temps as an early sign of economic recovery. One of the benefits to employers of temporary workers, the article noted, is that they provide a company with flexibility when market conditions are uncertain. “Companies feel more comfortable using temporary work forces”
Should the Decision to Terminate an Employee Who Uses the “N-word” Depend Upon the Employee’s Race?
A federal judge in the Eastern District of Pennsylvania recently waded into this thorny subject. The case is Burlington v. News Corp., in which a white television reporter for the Fox affiliate in Philadelphia alleges he was terminated for using the “n-word”. The suit claims black employees who also had uttered the word were not even disciplined.
It all
What’s Ahead in Discrimination Litigation for 2011?
One of the best ways to predict this year’s trends in discrimination litigation is to examine last year’s charge statistics from the EEOC and the Iowa Civil Rights Commission. Any person who claims a violation of the state or federal anti-discrimination laws must first file an administrative charge with one or the other of these agencies.
The DOL’s Lawyer Referral Arrangement with ABA Not Likely to Help Employers or Employees
On the Friday before Thanksgiving, Vice-President Biden announced at a Middle Class Task Force event the creation of a collaboration between the U.S. Department of Labor and the American Bar Association. According to the press release associated with the event, the purpose the collaboration is to “help workers resolve complaints received by DOL’s wage
Is There More to the Story About the New Mom Who Quit Her Job Because She Was Denied Access to a Lactation Room?
Last week a mother quit her job soon after returning from maternity leave because she claims her employer denied her access to a lactation room for three days (See Des Moines Register story here). Apparently, the employer had a lactation room on the premises as required by federal law. But, according to a complaint filed
Social Networking 101: What Does It Mean for Employers?
Several commentators have identified the proliferation of social networking as one of most important new developments/challenges/obstacles that employers faced in 2009, and will 
continue to deal with in the foreseeable future.
Despite all the discussion in blogs and other places about this phenomenon, for those who do not spend lots of time in this arena, there is not
Random Thoughts to End the Year
It seems common sense that a lawyer or witness would not answer a ringing cell phone in the middle of a court proceeding, but it happens enough that judges now have to have rules about it.
Molly DiBianca at Delaware Employment Law Blog takes on the entitlement mentality of some employees who think they should be