In a unanimous decision, the Supreme Court held that an employee alleging a discriminatory job transfer need not show the suffering of a "materially significant" disadvantage. Instead, the employee need only show "some injury respecting her employment terms or conditions."
Thursday, April 18, 2024
Supreme Court eases path for employees to sue employers for discriminatory job transfers
In a unanimous decision, the Supreme Court held that an employee alleging a discriminatory job transfer need not show the suffering of a "materially significant" disadvantage. Instead, the employee need only show "some injury respecting her employment terms or conditions."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, April 17, 2024
EEOC makes is clear that the Pregnant Workers Fairness Act covers unpaid time off for abortions
From this point forward, if an employee needs an unpaid leave of absence to obtain and recover from an abortion, you better give it her. I realize this topic is divisive, but this issue is no longer subject to debate.
Earlier this week, the EEOC published its final regulations implementing the Pregnant Workers Fairness Act. Pre-publication, agency considered 94,000 comments urging it either to exclude or include "abortion" from the Act's definition of "pregnancy, childbirth, or related medical conditions." The EEOC chose the latter. Here's why.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, April 15, 2024
One bourbon, one union election, and one Cemex bargaining order
One bourbon, one union election, and one bargaining order … is what an NLRB ALJ told Woodford Reserve Distillery last week. The judge held that the distillery violated federal labor law by undermining its employees' unionization efforts and ordered the distillery to bargain with its employees as their remedy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, April 12, 2024
WIRTW #713: the ‘lounging around' edition
Next week I'll be at the Craft Brewers Conference at the Venetian in Las Vegas — a four-day gathering presented by the Brewers Association of all things craft brewers and craft beer. There are loads of speakers spread across eight educational tracks, a massive trade show, and too many networking opportunities to count.
On the educational front, I'm speaking on Sunday as part of the THRIVE pre-conference workshop discussing how to craft a harassment-free craft brewery.
On the networking front, my firm is sponsoring the Start A Brewery lounge. Start A Brewery is a community of craft beer industry veterans who share our knowledge and experience in support of the craft beer community by helping new breweries and breweries in planning.
If you're at CBC and want to connect, look for me in the Start A Brewery lounge. I will be in and out on April 22 and the morning of the 23rd. (The lounge is open through the 24th.)
Our lounge will be located at the top of the escalators leading into the main exhibit hall at the Venetian. There will be beer available all around us, and we'll have couches and charging stations to refresh yourself and your devices.
Please let me know if you plan on stopping in so that I can make sure I'm present and available. And please say hello if you're at my speaking session or just happen to run into me at the Conference or at any of the events around Las Vegas. I will happily share a beer with you and toast our industry.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, April 11, 2024
Don't be an ostrich with harassment
"If I ignore harassment, it will go away" … is the 100% incorrect response to harassment happening in your workplace. It's also a non-refundable first-class ticket to a nasty lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, April 9, 2024
Must you accommodation an employee's religion not to attend DEI training? Believe it or not, it might depend on the training.
"Your respectful workplace training is against my religion; count me out."
When the employee learned that one module of the training would include LGBTQI+ issues, he explained to his employer, "This subject matter contradicts my sincerely held religious beliefs." He advised that he would excuse himself during that portion of the training.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, April 5, 2024
WIRTW #712: the ‘OH-WOOO’ edition
I will officially have a college student in a little over four months. The "if" was never in doubt, but there "where" definitely was … at least until a couple of weeks ago.
Norah chose Ohio Wesleyan University — OWU, or, as it's affectionately called, OH-WOOO. She'll be a Battling Bishop.
"Fit" might be a four-letter word in the employment law space, as employers often use it as a pretext for discrimination. But for Norah's college choice, it was all about fit.
✅ Small liberal arts school
✅ Within a shortish drive from home
✅ The ability to double major in early childhood education and French
✅ Opportunities to study abroad
✅ A cute campus with off-campus amenities within walking distance
OWU checked all of these boxes. It also didn't hurt that OWU awarded her a Wesleyan Scholarship (one of its highest academic awards) and accepted her into both its Honor Program and Global Scholars Program.
To listen to Norah talk about the "why" of her college choice and the process she used to make her decision, tune in to this week's episode of The Norah and Dad Show, which you'll find on Apple Podcasts, Spotify, Amazon Music, Overcast, via your browser, and any everywhere else you get your podcasts
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.