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Trump Nominates Acosta to Head Department of Labor

As readers of this blog may be aware, in yesterday’s post, I called attention to the fact that there was no replacement pick lined up for the Secretary of Labor.  Less than twenty-four hours after Andrew Puzder’s decision to withdraw his nomination, President Trump selected R. Alexander “Alex” Acosta to head the DOL.  If confirmed, Acosta […]

Puzder Withdraws From Consideration For Secretary Of Labor

Two months ago, nearly to the day, I wrote about Andrew Puzder’s nomination as Secretary of Labor in the Trump administration.  After having his confirmation hearings before the Senate Health, Education, Labor and Pensions (HELP) Committee pushed back four times, and with hearings finally set for today, Puzder withdrew from consideration yesterday afternoon. While supporters […]

EEOC Issues New Guidance on Accommodating Mental Health Disorders

The EEOC issued a resource document last month that discusses employee rights in the workplace related to mental health conditions.  Below is a summary of key points: It Is Illegal to Discriminate Against an Employee Based on a Mental Health Condition. Discrimination includes, among other things, discharge, failure to hire or promote, and forced leave.  […]

If You Don’t Have Anything Nice to Say, …

Well, you know the rest.  Unfortunately, a management-level employee in Florida perhaps doesn’t.  In Holtrey v. Collier County Board of County Commissioners,  an employee developed a chronic and serious problem with his genito-urinary system.  He consequently applied for, and was granted, leave pursuant to the Family and Medical Leave Act.  In doing so, he disclosed […]

Appellate Court Holds That ADEA Plaintiffs Can Use Employees Over 40 as Comparators

In Karlo, et al. v. Pittsburgh Glass Works, LLC (no. 15-3435; filed January 10, 2017), the Third Circuit Court of Appeals ruled that plaintiffs in an ADEA disparate impact claim can make out a prima facie case by showing that certain age subgroups within the protected class were treated differently from other subgroups within that […]

Former Chipotle Employee To Get Trial on Racial Harassment Claim

An employer can avoid liability for one employee’s harassment of another employee if it takes prompt remedial action to address that harassment.  One way to do this is for an employer to conduct an investigation, counsel the involved employees, and/or discipline the harassing employee.  On the other hand, telling an employee who complains about racial harassment […]