About a decade ago, a group of female employees of Wal-Mart filed a sex discrimination class action against the company, beginning the case known as Dukes v. Wal-Mart. It now involves more than a million current and former female employees and is easily the largest employment discrimination lawsuit in American history. Wal-Mart has now asked the U.S. Supreme Court to review this case — not based on whether discrimination occurred but based on whether it’s permissible for a case involving so many women can proceed as a class action.

(more…)

There have been several posts on this blog concerning an employer’s right to monitor an employee’s activity. (Here, here, here, here, here, here, here, here, here, here, and here.) This can include reviewing how an employee uses her computer at work; placing cameras throughout the workplace to monitor employee activity; searching an employee and an employee’s property at work to enforce drug, weapons, and other policies; listening to employee telephone conversations at work; and placing GPS monitoring devices on vehicles used by employees.

(more…)

Residents in 14 states plus DC are able to obtain prescriptions from their doctors for medical marijuana to deal with pain. Only the law in Rhode Island, however, prevents employers from firing employees who use medical marijuana. In the other states, there’s a big gray area when it comes to employers’ use of their drug testing policies to terminate an employee who tests positive, despite a doctor’s prescription.

(more…)

I’ve done a post on the mosque furor sweeping the country and employment law. Eclecticity has provided a post about the mosque furor and employment. Whether you’re looking at the matter from an employment law angle or a mere employment angle, one’s perspective has a lot to do with where you end up. Even though this is a serious subject, a little humor doesn’t hurt.

Much has been written about the problem with bullies in the workplace. A few posts on the subject have appeared on this blog. (Here, here, here, and here.) Some states have even considered legislation to deal with this problem. I don’t have the answer. I don’t think state legislatures do either. I do have a few suggestions and tips.

(more…)

Hardly a surprise, USA Today recently reported that, according to the Equal Employment Opportunity Commission, disability discrimination claims increased last year more than at any other time in the 20-year history of the Americans with Disabilities Act. As predicted, the amendments to the ADA are having their impact. In 2010, we’ll see another increase in disability claims filed with the EEOC and disability lawsuits filed in federal court.

(more…)

My Cubicle, a parody of James Blunt’s You’re Beautiful, paints a pretty dark picture of the life of an employee who has to work in a cubicle. No view. Nothing to do. Nobody looks you in the eye. One sits there in solitude. Of course, there are some folks who would think this sounds like a pretty good job.

(more…)

At a recent Arkansas Razorbacks football press conference held by head coach Bobby Petrino, a radio reporter with KAKS, a Fayetteville, Arkansas, radio station billing itself as Hog Sports Radio, wore a Florida Gators hat. She asked Coach Petrino a question. He answered and then said, “And that will be the last question I answer with that hat on.” Two days later, the reporter was fired (here and here).

(more…)

If an employee files a claim of discrimination and continues to work for an employer, it’s likely that, sooner rather than later, the employee will also file a retaliation claim. Someone in management will say something or do something that the employee believes to be in retaliation for the discrimination claim she initially filed. So, an employer in this kind of situation will end up with two claims, both usually filed under Title VII of the Civil Rights Act. In time, it’s become obvious that it’s easier for an employer to defend the discrimination claim than the retaliation claim. That means the employer can win one and lose the other.

(more…)

Many people are looking for jobs.  Most interviews end in rejections. This day and time, it’s hard to hear “no.” Maybe accepting “no” without pushing back is a mistake. What else can you do? Courtesy of Execupundit, the following video gives you something to work with:

(more…)

People increasingly listen to songs on iPods, text or email, talk on their cell phones, and watch high-definition television — while they’re working out at the gym, standing in a grocery store line, and siting at stop lights. The smallest amount of downtime is filled with digital input. These micro-moments of down time have even caused the creation of video games that can be played in just a few minutes.

(more…)

Between the Jet Blue Flight attendant (who quit with a flare) and Brett Favre (who won’t quit) and all employees somewhere in between, quitting a job has been discussed quite a bit lately. Today’s quote is about quitting and comes from an unlikely source (until you read what he said) W. C. Fields:

(more…)

Harvard is one of the most revered teaching and research universities in the U.S., usually ranked number one. Lately, the school has been teaching in a way it doesn’t like. Dr. Marc Hauser, Harvard professor and scientific researcher, is accused by the school of eight instances of scientific misconduct. Ironically, Hauser has been the leading scientist in the exploration of cognition and morality. Hauser’s quest to delve into issues of right and wrong in the minds of humans and animals has run off the rails. In addition to Harvard’s investigation, the Department of Justice, the Department of Health and Human Services, and the Office of Inspector for the National Science Foundation are investigating Hauser.

(more…)

There’s a lot of blogging every day about social media — practical stuff, legal stuff, futuristic stuff, and just stuff. I’ve done a little blogging on the subject myself. Leave to Eclecticity to give us a picture of the kind of  social media a lot of people long for. It’s too late, of course, but it brings back happy memories. Thanks, E.

As of now, Brett Favre appears to have come back to Minnesota to play his 20th season of NFL football. I’ve written several unflattering posts about Favre (here, here, here, here, and here). NFL teams are apparently unaware of my blog. And let’s face it. Favre had a tremendous year this past season, almost leading the Vikings to the Super Bowl. Unfortunately. he threw an interception in the last minute of regulation play, giving the New Orleans Saints a chance to win the game, which they did.

(more…)