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IAML Insights

April 16, 2018

Anti-harassment policies are nothing new and we would be shocked to find an employee handbook without one. But, have they really worked? In the #MeToo era, it has become clear that these policies have not really been effective and employers are facing increasing scrutiny over why they cannot prevent harassment, and how they handle claims of...

April 13, 2018

Do it the old-fashioned way. Many employers are wary of taking action against a transgender applicant or employee in light of recent court decisions finding that transgender discrimination violates Title VII. Employers certainly ought to be aware of these decisions and govern themselves accordingly. But that doesn't mean they can't win a case...

April 12, 2018

Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with Disabilities Act (ADA). The plaintiff in Severson v. Heartland Woodcraft, Inc. had asked the Supreme Court to decide...

April 11, 2018

You may recall Juli Briskman, the biker that flipped the finger to Trump’s passing motorcade, and lost her job after a photo she posted went viral.Ms. Briskman is not taking her termination lying down. In what appears to be a deep-funded and well-orchestrated campaign, she has filed suit in Virginia state court against her ex-...

April 10, 2018

Career interruptions negatively affect pay. Who knew? It's spring, and so it's time for my annual rant against media coverage and political pronouncements about the "gender pay gap." You can read my past rants here, here, here, and here. In a nutshell, my grievances are as follows: 1) The "77-cents-on-the-dollar" figure is...

April 05, 2018

Yikes. Sounds like Japan is past due for a Pregnancy Discrimination Act. According to the Daily Mail, workers in Japan who want to get pregnant are expected to do it in order of seniority (meaning, "time on the job" rather than "number of ticks left on biological clock," which could be tough if you're a 40-year-old new hire): Japanese workers...