Others’ Sex On Your Desk Is Not Discriminatory

By Bill Wright Members of the night crew were using an employee’s desk for sex. The desk was selected because it was in an office equipped with a curtain and a locking door. The employee who used the desk during the days eventually learned of the night crew use. When she complained, she was told […]

Micro Bargaining Units Headed to Retailers

By John Alan Doran The NLRB has affirmed the certification of a micro bargaining unit at a Macy’s retail store.  Macy’s Inc. and Local 1445, UFCW, 361 NLRB No. 4 (July 22, 2014)  The certified unit consists solely of roughly 40 cosmetics and fragrance counter workers. Micro bargaining units, as the term suggests, are groups of […]

Federal Contractors Beware – Part 2

By Lori Wright Keffer Federal contractors beware. More changes are coming your way. On July 21, 2014, President Obama issued an executive order prohibiting discrimination by federal contractors on the basis of gender identity and sexual orientation. The order prohibits gender identity discrimination by federal government contractors. Contractors are already prevented from engaging in sexual […]

New EEOC Guidance on Pregnancy Discrimination

By Jon Watson On July 14, the EEOC issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues” along with a Q&A document about its Guidance, and a Fact Sheet for Small Businesses. You can access the EEOC’s Guidance by clicking here. The Guidance explains how the ADA’s definition of “disability” might apply to workers with impairments […]

“Mark of the Beast” Claim Busts

By Lori Phillips In Yeager v. FirstEnergy Generation Corp., No. 5:14cv-567 (N.D. Ohio June 27, 2014), a plaintiff asserted a religious discrimination claim for refusal to hire.  In the complaint, he alleged he was not hired because he refused to provide a social security number, or the “Mark of the Beast,” which his religion prohibits.  […]

California Almost Goes Along on Class Waivers

By Lori Wright Keffer The California Supreme Court has ruled that class action waivers in employment arbitration agreements are enforceable – with one gaping exception. Iskanian v. CLS Transportation Los Angeles, L.L.C., S204032 (Cal. June 23, 2014). California law is now consistent with the United States Supreme Court’s 2011 holding in AT&T Mobility L.L.C. v. […]

FMLA Leave – Follow Up on Expected Return to Work

By Karla Sanchez An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested leave to take care of her adult child and completed FMLA paperwork, but […]

Radical Shift Coming In Public Sector Agency Fees

By John Alan Doran Yesterday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public sector. In Harris v. Quinn, No. 11-681 (June 30, 2014), Illinois tried to […]