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First Circuit Holds University’s Response To Sex Harassment Is Retaliation

Now more than ever, employers are aware of their obligation to take prompt remedial action in response to complaints of sex harassment.  But what happens when the employer’s attempt to placate a complainant through voluntary transfer results in less favorable work conditions?  Well, now the complainant has a cause of action for retaliation, explained the […]

Not Just “Meat Counter Culture”: When Same-Sex Harassment Violates Title VII

Most of the time, the stories of workplace sexual harassment we hear about consist of conduct occurring between men and women.  Yet Title VII’s ban on discrimination because of sex encompasses same-sex harassment in the workplace as well.  Such was the lesson learned for a Chicago, Illinois grocery store that had justified the harassment of […]

NLRB Seeks Input on Non-Work Related Use of Company Email Systems

As some readers may be aware, last year, the National Labor Relations Board (the Board) reversed several Obama-era precedent setting cases bearing standards generally considered favorable to employees.  This included The Boeing Company, 365 NLRB No. 154 (2017) (overruling the Lutheran Heritage standard); PCC Structurals, Inc., 365 NLRB No. 160 (2017) (overruling the Specialty Healthcare […]

California Refuses To Adopt FLSA De Minimus Rule

On July 26, 2018, California’s Supreme Court ruled in Troester v. Starbucks Corporation that the FLSA’s de minimus rule does not apply to California wage and hour claims.  The FLSA’s de minimus rule is firmly established in federal wage and hour law, and generally provides that insubstantial or insignificant periods of time beyond typical working […]

Louisiana Judge Holds That Jewish Heritage Can Be Basis For Race Discrimination Claim

Recently, a federal magistrate judge in Louisiana denied a motion to dismiss in a case in which the defendant is alleged to have refused to hire a football coach because of his “Jewish blood.”  Bonadona v. Louisiana College (W.D. La. July 13, 2018). The case involves Joshua Bonadona, the son of a Jewish mother and […]

11th Circuit Judge Criticizes Colleagues’ Response To Sexual Orientation Under Title VII

On May 10, 2018, a three-judge panel on the Eleventh Circuit (which covers Alabama, Florida, and Georgia) affirmed dismissal of an employment discrimination lawsuit under Title VII of the Civil Rights Act of 1964.  Bostock v. Clayton Cnty. Bd. of Comm’rs, No. 17-13801 (11th Cir. May 10, 2018).  The panel concluded that, under Eleventh Circuit […]

NLRB Releases New Guidance on Handbook Rule Posting

The Office of the General Counsel to the NLRB recently released new guidance on the types of employer handbook rules that are permissible in the wake of the Board’s December 2017 ruling in The Boeing Co, 365 NLRB No. 154 (12/17/17).  In that case, the Board set a new standard for evaluating the lawfulness of […]

Want Fries with that NLRA Violation?

The Court of Appeals for the Fifth Circuit recently enforced a decision of the National Labor Relations Board (NLRB) that In-N-Out Burger in Austin, Texas violated labor laws with its “no pins or stickers” rule, when it stopped employees wearing buttons supporting the “Fight for $15” campaign – a movement advocating for a $15 per […]