Cheat Sheet.jpgEmployment discrimination under Michigan or federal law can be a very complex and nuanced. The following is an overview of important points employers need to be aware of under Michigan’s employment discrimination statute:

Employment Discrimination Under Michigan Law 

For Michigan employers the primary state statute that prohibits workplace discrimination is Michigan’s Elliott-Larsen Civil Rights

Football PenaltyKevin Clark of the Wall Street Journal recently wrote an article, Management Secrets of the NFL, which offered a number of points relative to running a business. 

One point that stood out related to hiring and firing decisions. Specifically, the article noted that 12 of the 32 NFL teams have hired a new coach since

Security_Computer_Laptop in Chain.jpegA well written article by Connie Bertram, asks the question “Is Self-Help Discovery by Employees Protected Activity?”

The title of the article refers to situations where an employee attempts to gather factual support or to otherwise pursue an employment discrimination claim or a related employment-based lawsuit against the employer by accessing employer files

Risk, Reduce, Avoid.jpgI am presenting a Webinar titled E-discovery Tips for Winning Employment Cases, on May 31, 2012. One of the main problems the presentation addresses is reducing the difficulty employers experience when it comes to meeting their preservation obligations in response to employment litigation. However, with various regulations, record keeping requirements and creative lawyers, this

Basketball.jpgEmployment discrimination claims and making bracket selections for March Madness a/k/a the men’s Division 1 NCAA basketball tournament often share two decision-making approaches: Guessing and analysis.

For example, Survival of the Fittest: A New Model for NCAA Tournament Prediction discusses analyzing the tournament using a model based on network characteristics to “quantify traits that specifically apply

Yellow NotepadThe Sixth Circuit recently resolved an issue of uncertainty for Michigan employees and employers when it comes to analyzing Family and Medical Leave Act (FMLA) interference claims. Going forward, employees must satisfy the burden-shifting framework common to employment discrimination claims when evaluating FMLA interference claims. 

FMLA Background

The FMLA, 29 USC 2601 et seq., was originally

Sexual harassment.jpgWhat’s a Presidential campaign without sex? Or at least allegations of sexual harassment?

In this regard, Politico reported that Herman Cain, a Republican presidential hopeful, engaged in conduct that resulted in at least two out-of-court settlements with women who complained they were subjected to inappropriate conduct by Mr. Cain. These settlements occurred while Mr.

Nuts & Bolts.jpegEmployers, HR professionals, and job applicants generally understand that there are questions that can be asked during the interview process and there are questions that cannot be asked because they violate state and federal employment statutes.

For example, under Michigan law, an employer may not “use a written or oral inquiry or form of application

Shareholder Agreement.jpgA recent Michigan Court of Appeals Opinion has significant impact on small businesses, employment discrimination claims, and arbitration agreements. This decision is likely to especially impact professional businesses such as law firms and doctors groups.

Specifically, in Hall v Stark Reagan, P.C., two former law partners were forced out of their professional corporation after