Archives: EEO Compliance

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Analytics and . . . Employment Law?

Moneyball (both book and movie versions) portrays a baseball team’s general manager, Billy Beane (Brad Pitt in the movie), who eschewed conventional wisdom and instead relied on data analytics to build a successful team on a limited budget. But sabermetrics is no longer confined to sports. The Atlantic, in a feature story on this crossover … Continue Reading

Successor Liability For Employment-Related Claims: A Pain In The Assets

There is a myth that buyers are protected from employment liabilities arising under prior ownership if there is a broad disclaimer and if it is an asset purchase. Not so. Sure, the “general rule” is that a purchaser of another company’s assets does not assume the seller’s liabilities.* But, employment law is the exception to … Continue Reading

The UNEMPLOYED – A Protected Category Coming To a Jurisdiction Near You

It is now illegal in New York City for employers to discriminate against job applicants based on their employment status. This June 2013 amendment to New York City’s Human Rights Law (“NYCHRL”) — a law already relished by plaintiffs’ attorneys for its extraordinarily broad definition of discrimination — defines “unemployment” as “not having a job, … Continue Reading

HR Life and Law in Hollywood

What all of us do—solve legal problems arising in the workplace—occasionally appears on film. Sometimes accurate; sometimes flawed; and sometimes funny. To collect those Hollywood moments, we sent our college interns (Elizabeth Hernandez, Heidi Savabi, and Chandler James) into NetFlix and YouTube to search for nominees. Now, we invite you to vote for your favorite … Continue Reading

Your Greatest Risk: Retaliation Claims

Let’s start with the statistics.  Last year, there were 99,412 EEOC charges filed; 37,836 of them — more than one out of every three — asserted retaliation.  Put differently, more charges of retaliation were filed than any other protected category.  It is every plaintiff’s lawyer’s favorite play.  Why?  Let’s turn to a case study. One of your managers, … Continue Reading