Employer Confidentiality Policy Yields to Title VII’s Participation Clause in Recent Fourth Circuit Opinion
Employees who face discriminatory treatment at work are often faced with the dilemma of how to substantiate their claims, and how to guard against the risk…
The Office Christmas Party: Conundrums and Caveats
There, in the very title of this article is the first and fundamental conundrum—can we, should we, call it a “Christmas party”? Boldly, I say yes. …
District Court Holds that Pregnancy Fits Within the NCEEPA’s Prohibition of “Sex” Discrimination
In 1983, the North Carolina Supreme Court decided N.C Dept. of Corrections v. Gibson, 308 N.C. 131 (1983). Gibson frequently appears in wrongful discharge in…
Will the Supreme Court Take Up LGBT Rights Under Title VII?
According to news reports, the U.S. Supreme Court will soon consider, and hopefully decide, whether to review lower court decisions addressing whether sexual…
Works For Me Episode 3: Unlawful Employee Terminations
In our third episode of “Works For Me,” our team hashes out the basics of unlawful employee termination. We’ll take on three issues, from the employer…
SCOTUS Interprets the ADEA to Apply to State Entities Regardless of Size
Last week the Supreme Court held in Mt. Lemmon Fire District v. Guido, No. 17-587, 2018 WL 5794639 (U.S. Nov. 6, 2018), that state and local governments are…
Employee Duties in the Interactive Process: Recent Opinions within the Fourth Circuit
Employees with disabilities face a dilemma when a requested accommodation for their disability is denied by management. Many employees will feel demoralized…
Fourth Circuit Update
The Fourth Circuit has been relatively quiet on the labor and employment front. But on October 19, 2018, through an unpublished per curium opinion, it…
EEOC Sees #MeToo Uptick, Regulatory Agenda Released
The Equal Employment Opportunity Commission recently released preliminary figures on sexual harassment activity for Fiscal Year 2018, which ended September…
John Gresham Named 2018 Harkavy Award Winner
John Gresham is this year’s Jon Harkavy Award Winner. Last week, the Jonathan R. Harkavy Award Committee (John Doyle Jr., Michael Kornbluth, and Travis…