On May 17, 2017, attorneys for a corporation operating a Detroit funeral home that fired a transgender employee filed its appeal brief. The brief argues that the corporation could fire a transgender employee who refused to follow its sex-specific dress code because allowing her to wear women’s clothes at work would violate the religious
What President Trump’s Supreme Court Nominee Means for Employment Law Cases
On January 31, President Trump announced that his U.S. Supreme Court nominee is Neil Gorsuch. Judge Gorsuch sits on the U.S. Court of Appeals for the Tenth Circuit. If confirmed, he would fill Justice Antonin Scalia’s seat.
Judge Gorsuch authored a dissenting opinion that exemplifies how he will likely affect employment law decisions if he
Opt-out Employee Arbitration Agreement Upheld But At What Cost?
Arbitration agreements are common in the employment relationship. And employers understand that normally an employee must sign such an agreement in order for it to be enforceable. But what happens if your company’s policy is to require employees to arbitrate a dispute unless the employee takes some action to opt-out of the employment arbitration agreement?
How Not to Strike Out in Defending a Race Discrimination Lawsuit
A recent employment lawsuit, Ondricko v MGM Grand Detroit, LLC (PDF), for gender and race discrimination, illustrates how an employer can strike out in employment litigation by it’s own inconsistencies in disciplining employees and poor documentation for such discipline.
Factual Background
Kimberly Ondricko is a white female. At the time she was terminated, she