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, like Queen Elsa in Frozen, judges are tempted to sing “Let it go, let it go, can’t hold it back … Continue Reading
“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 are currently afforded workplace protections under several major federal laws; plus, many state and local governments have expanded these federal … Continue Reading
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
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
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 exposing what many women experience 5-10 years into their career – subtle messages that maybe its “just too hard” to keep … Continue Reading
