August 2019 Newsletter

Indisputable fact no. 1: Women and men should earn the same pay for the same work. Indisputable fact no. 2: The players on the United States women’s national soccer team earn substantially less than their counterparts on the men’s team. The Equal Pay Act requires that an employer pay its male and female employees equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Substantial equality is...
According to the New York Post, a Caucasian 20-year veteran attorney for the Legal Aid Society is suing her former employer for race discrimination. Among other issues in her lawsuit, she claims that she was denied a lateral move “because of ‘diversity considerations.’” Do you know that some courts impose a different, higher legal standard for discrimination against white employees than for discrimination against African-American...
The litigator's secret weapon: good manners.   William Hanson, the etiquette columnist for the Daily Mail, provides fun and snarky advice on how to be polite. Last week, he had a column on email etiquette, which got me thinking about the ways that handling email correctly can help employers prevent lawsuits and successfully defend them. Mr. Hanson is British, and not all of his email advice would carry over well into U.S....
That article he wrote on sexual harassment was fine.Yesterday, Politico had a post about a law review article written in 1998 by Eugene Scalia, President Trump's nominee for Secretary of Labor. The article had the dramatic headline, "Scalia's challenge: Fiery old writings in an era of #MeToo." Uh oh, I thought. He must have written something dirty, or at least argued that sexual harassment should be legal. The intro...
Yesterday, I discussed our national mental health crisis, and the important role employers play in removing barriers to employees receiving the help they need. Then, I came across this post on LinkedIn, discussing a massive barrier that the FMLA institutionally imposes. An individual suffering with a mental health issue has various treatment and therapy options available to them. For medication, one can see a psychiatrist, a primary care...