Identifying Next ChallengeEarlier this year we wrote about the EEOC’s decision that sexual orientation discrimination is a form of sex discrimination, which is made unlawful under Title VII. See Sexual Orientation Discrimination is Unlawful under Federal Law … For Now?

On 10/29/2015, this issue was before a district court judge who agreed with the agency’s opinion, but

Employee Performance ReviewsDoes your company rely on performance reviews for evaluating and managing employees? Probably; performance reviews are a staple for human resource professionals when it comes to evaluating employee performance. Neuroscience, however, is calling into question the value of such reviews.

The Science Undermining the Value of Performance Reviews

Specifically, in “Risks of Reviews,

Military Reemployment RightsEmployers won a victory at the expense of a surgeon deployed to Iraq for military service in a lawsuit concerning re-employment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Slusher v. Shelbyville Hosp. Corp., (10/26/15).

In January 2011, Richard Slusher, an orthopedic surgeon, signed a one-year contract with Shelbyville Hospital Corporation,

Trade secretsAliphcom, Inc. d/b/a Jawbone won an early legal battle in a lawsuit filed against five of its former employees and its rival Fitbit, Inc.

Specifically, in a preliminary injunction hearing held on 10/20/2015, the individual defendant were ordered by a federal judge to return any confidential information they took and to allow their computers and

Employee social media issues recently made headlines in the most deplorable way when an employee was fired on September 29, 2015, after he posted a picture of himself online with a colleague’s 3-year-old black son. The picture taken by Gerod Roth, the former employee, resulted (for reasons unknown) numerous bigoted and racists comments from the

WhistleblowerA decision released on 10/1/2015 from the Department of Labor’s administrative review board (the “Board”) highlighted employment law issues arising at the intersection of whistleblowing, retaliation, and reasonable accommodation involving telecommunication. (Stewart v. Lockheed Martin Aeronautics Co., released 10/1/15). In the decision, the Board affirmed an administrative law judge’s ruling against Lockheed’s former

Contract-Documents.jpgEmployers often overlook the opportunity to limit liability against their business when it comes to employment agreements. And one of the most common ways in which a business can limit its liability is through a contractual limitations period. A recent Michigan Court of Appeals highlights this point.

Specifically, a shortened limitation period in an employer’s

Office MeetingRecently an employer, Pepsico Pepsi Beverages Company, won a summary disposition in an age discrimination claim filed under Michigan law. (Damghani v Pepsico, 9/10/2015) But the real significance of this case has to do with the court rejecting the application of a common employment discrimination theory often referred to as the “cat’s paw

Rosary BeadsA nursing home activities aide who was fired for refusing to pray the Rosary with a resident failed to prove job bias because she didn’t present sufficient evidence that her employer, Woodland Village Nursing Center Inc., knew before it decided to discharge her that plaintiff’s refusal to pray the rosary was based on her religious