The Issue of Sexual Orientation has been settled, or has it?

In Title VII of the Civil Rights Act, there is no expressed protection for sexual orientation. However, during the Obama administration, the EEOC ruled that sexual orientation is protected under sexual discrimination provisions of Title VII. When the country switched over to the Trump administration, the Department of Justice said that sexual orientation is not …

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The Bottomline on Pregnancy Discrimination

If you have been paying attention to HR related news at all recently you know that the Supreme Court of the United States (SCOTUS) issued a ruling on a pregnancy discrimination case. It has been interesting reading the various interpretations that have been published by various law firms. The case The case involved a pregnant …

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One Supreme Court Decision that helps Employers

In late June the U.S. Supreme Court issued many decisions. One of those dealt with a question that had been open for several years. In January of 2010 President Obama made some recess appointments to the National Labor Relations Board. There was a hue and cry that the President exceeded his authority in making these …

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Supreme Court asked to decide another Wage and Hour issue

  About a year ago I wrote a post called Supreme Court to decide on the Definition of “Clothes”. I thought at that time it was ridiculous to have the highest court in the land decide such trivial things. I envision them deciding groundbreaking and monumental things. But now they are being asked again to …

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Unions Push South as the Supreme Court Rules on Organizing Tactics

  In a recent article in the Atlanta Journal-Constitution (that is a newspaper for those of you that don’t follow them) a union representative was quoted as saying they are making organizing the South a union priority. Meanwhile the Supreme Court of the United States (SCOTUS) is taking up a case that may have a …

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Retaliation now easier to defend

  As I mentioned in yesterday’s post, the Supreme Court of the United States (SCOTUS) published a number of decisions in the last week of June. Yesterday dealt with the definition of a supervisor, today I deal with the decision that made it easier for employer to defend themselves from a claim of retaliation. Retaliation …

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According to the Supreme Court a Supervisor IS….

  In the last week of June, 2013 the Supreme Court of the United States (SCOTUS) rendered two employment related decisions that it is important for employers to note. One of these dealt with the subject of retaliation claims. I will deal with that one tomorrow. The other one dealt with the definition of “supervisor.” …

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Benefits Managers to be busy since DOMA declared unconstitutional

  The Supreme Court of the United States (SCOTUS) announced a couple of decisions that will impact HR departments in many states. The major decision that attracted the most press was that a part of the Defense of Marriage Act (DOMA) was declared unconstitutional. As a result benefits managers nationwide will be busy. Section 3 …

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Supreme Court to decide on the Definition of “Clothes”

  If you are like me you looked at that headline and said “What?” or “Really?” Can’t we accomplish that with a dictionary? The answer to that question is apparently not. So the SCOTUS will decide an issue that has been argued in many courts in the past 20 years.The irony is that we will …

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When is a Supervisor Really a Supervisor?

  Who is a supervisor is a VERY HOT topic these days, so hot in fact that the Supreme Court of the U.S. (SCOTUS) just heard a case about the definition in relation to Title VII discrimination claims. The SCOTUS has decided this several time already in some very famous cases that all certified HR …

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