ENDA Lite Hits a (Temporary?) Dead End

While I didn't actually predict that the Obama Administration would issue an Executive Order implementing protection for lesbians, gays ...

Non-traditional Plaintiff Theme Continues

At the start of 2011, I noted that one of the stories of the year might be that more and more of what I would call non-traditional plaintiff...

Body Mass Index As a Hiring Criteria

Hat tip to (probably my favorite blog title in our corner of the world) the Evil HR Lady for catching news from my own back yard, see the or...

ENDA "Lite" On the Way?

Federal legislative action in employment law matters, actually on most things, is pretty much a non-starter these days.  But that does not m...

One Prediction That Had Some Legs

Forecasting is an art not a science, and truth be known luck is probably the most single important factor if one gets it right, still I coul...

Disparate Impact and the Non-Traditional Plaintiff

At the start of the year, I noted that one thing that seemed to be a "trend" was litigation by non-minority plaintiffs. See, 2011 ...

Wal-Mart Stores, Inc. v. Duke -- A Sigh of Relief

Analysis will come later as all I have done is read the highlight and the line up of  judges. Judge Scalia's majority opinion was joined...

With a Friend Like Justice Scalia ... Cat's Paw Decision Not Very Employer Friendly

Although viewed as one of THE most conservative justices, I am not sure anyone who is very knowledgeable about employment law relishes the i...

Is Retaliation for Complaining About Sexual Orientation Discrimination a Violation of Title VII?

The headline in today's Daily Labor Report caught my attention, Court Revives Fired Gay Employee's Retaliation, Harassment Claims   ...

2011 --- the Year of the Non-minority?

Predicting what a new year will bring is a time honored tradition, but much like resolutions, most predictions rarely last longer than the f...

Disparate Impact Suit - Credit Checks

Three times a year for the last several years I have done a program for the UT School of Law, CLE group called Essential Employment Law. In ...