Under Title VII, it is unlawful for employers to discriminate on the basis of sex. Historically, sex discrimination has been understood to be biological and, thus, to exclude discrimination based on sexual orientation. But sometimes,
Continue Reading Queen Elsa and Judge Posner: A Duet on Change?
Title VII
Don’t Cry Over Spilled Milk: Best Practices for Handling Nursing Employees
“First comes love, then comes marriage [or not – no judgment], then comes the baby in the baby carriage” and then – for nursing working mothers – comes expressing milk at the workplace. Nursing employees…
Continue Reading Don’t Cry Over Spilled Milk: Best Practices for Handling Nursing Employees
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…
Continue Reading Successor Liability For Employment-Related Claims: A Pain In The Assets
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 …
Continue Reading Your Greatest Risk: Retaliation Claims
Leaning In or Falling Down? Implicit Sex Discrimination and the Good Employer
So, I just finished Sheryl Sandberg’s book: Lean In: Women, Work, and the Will To Lead. I loved it. As a fellow “career-loving parent”, I felt Sandberg hit the nail on the head in…
Continue Reading Leaning In or Falling Down? Implicit Sex Discrimination and the Good Employer