IAML Insights

May 14, 2019

We know the EEOC has appealed. What does that mean for employers? As I noted on Friday night, the Office of Management and Budget and the Equal Employment Opportunity Commission appealed the two court orders regarding EEO-1 compensation data reporting. The government is asking the U.S. Court of Appeals for the District of Columbia Circuit to...

May 10, 2019

And dads get to play, too. After all, we wouldn't be moms without you!   ;-) Happy Mother's Day weekend! How much do you know about moms in the workplace? Take our quiz and find out! As always, the answers appear at the end of each question, so you can cheat all you want. (But don't tell your mom.)  At the end, there's a bouquet of roses...

May 08, 2019

Workplace harassment isn’t illegal unless it is harassment because of some protected characteristic (sex, race, age, religion, national origin, disability, or any other class protected by law). Generalized workplace bullying or other mistreatment is not illegal unless it falls into one of those categories. Indeed, as the Supreme Court has...

May 07, 2019

If you’re waiting for a reversal of the trend at the Supreme Court to limit employers’ ability to insist on arbitration instead of litigation, or of the trend limiting class claims, keep waiting. The Supreme Court continues to limit the ability of employees to pursue class arbitration against their employers. The latest salvo—the Court’s decision...

May 06, 2019

Congress shall make no law … abridging the freedom of speech….So reads the 1st Amendment of the Constitution.Take note that it does not say, “You have absolute freedom of speech in all things at all times.” It only prohibits government-imposed restrictions on speech.Yet, just last week, President Trump tweeted the following: I am...

May 03, 2019

Court says no, in one of the weirdest cases ever. In January, I blogged about the very strange case of O'Brien v. Industrial Service Solutions. The plaintiff was a Human Resources Manager who saw a transgender woman in the dressing room while she was shopping at a major retail outlet. She posted a rant on Facebook that wasn't very . . ....