Friends, the case I’m about to tell you about is a win for employers. Indeed, the Fourth Circuit just handed employers a tidy little gift in the form of Tarquinio v. Johns Hopkins University Applied Physics Lab—a case that’s as
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One CFO’s Complaint of Being Pregnant and Pushed Out: “We’ll See How You Feel After You Have The Baby”
“We’ll see how you feel after you have the baby, you might find that your priorities change.” “Don’t underestimate how hard this is going to be once you’ve had the baby.” These are the allegations by one former CFO about her
Can A Non-Disabled Employee Recover Under the ADA?
Yes, in the Seventh Circuit they sure can.In Nawara v. Cook County, a three-judge panel in the U.S. Court of Appeals for the Seventh Circuit ruled that employees who prove a violation of the Americans with Disabilities Act (ADA), which
DEI and The Law—A Chat With Chai Feldblum
Join me and my employment law partner Eric Meyer for a special Zoom session featuring former EEOC Commissioner Chai Feldblum, who helped shape modern anti-discrimination and -harassment workplace law and policy.Chai Feldblum has been a tireless DEI advocate and
Injunction Junction: What’s Your Function? Court Clarifies Ruling on DEI Executive Orders
Yesterday, the U.S. District Court for the District of Maryland clarified its preliminary injunction against certain provisions that attempt to eradicate diversity, equity, and inclusion (DEI) programs. The injunction applies to all executive agencies, the court ruled.The case challenged three specific
A Less Than Lush Workplace Environment Alleged For LGBTQ+ Employees
Last month, in the wake of the Administration’s Executive Order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the Equal Employment Opportunity Commission (“EEOC”) dismissed several lawsuits it brought against employers on
DEI Guidance: Attorneys General Illuminate Inclusion
While I hung out in Dublin, Ireland last week, the Attorneys General of 16 states (Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont) issued multi-state guidance (“Guidance”) to
The Fifth Circuit’s Prescription for Employers About Hostile Work Environment Claims
I am an avid fiction reader, and an opinion I read yesterday reminded me of a book I read years ago by author Jodi Picoult—Small Great Things.The main protagonist in the novel, Ruth, is a labor and delivery nurse with
Paper Trails and Pitfalls— Documenting Performance Issues is a Must
Employers, I and every other management side lawyer implore you to document performance or conduct issues you have with an employee before you fire them.This practice is not just a bureaucratic formality; it is a critical safeguard that can protect
From Diversity to Adversity: What the New Executive Orders Mean For Your Workplace and DEI Programs
In the wake of this week’s executive orders (EO), Ending Illegal Discrimination and Restoring Merit-Based Opportunity, impacting private employers, Ending Radical and Wasteful Government DEI Programs and Preferencing, affecting federal agencies and employees, I’ve been doing a lot