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Court Orders Gender-Based Sentence to Female Defendant
Today’s post is more of a rant than anything close to a legal analysis. Yesterday, Mark Hansen of the ABA Journal reported about a sentence issued by a judge in Halifax County, N.C. The defendant, a...
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Employees and the Burdens of Being Beautiful
Being beautiful ain’t all it’s cracked up to be. Or so it seems from the legal-news headlines. First, there are the “Borgata Babes.” The female cocktail servers at Borgata Hotel and Casino in...
View ArticleNew Laws Gives New Rights Delaware First Responders
Delaware extended employment rights to volunteer firefighters and other first responders who must miss work due to emergencies or injuries sustained while providing volunteer rescue services. Volunteer...
View ArticleYes, Employers, Words Really Do Matter
It’s easy to underestimate the power of words. Many supervisors fail to appreciate the importance of the words used in a performance review or evaluation, corrective action, termination letter, or...
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People First Language: Delaware Legislation Gets It Right
Delaware’s General Assembly has passed a law “relating to the removal of insensitive and offensive language.” When I first saw the title of this Act, I admit, I was alarmed that our State’s...
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Delaware Gov. to Sign Law Expanding Retaliation Protection for Whistleblowers
Delaware Gov. Jack Markell signed into law legislation that expands the protections provided to employee-whistleblowers. H.B. 300 extends whistleblower protections to employees who report...
View ArticleUnderstanding Gender-Identity Discrimination
This article was written by Lauren Moak Russell. I’m in California for two weeks, taking depositions, and am very thankful for the contribution in my absence. This has been a month of major changes in...
View ArticleDelaware, Ahead of the (Pregnancy) Curves
By Lauren E.M. Russell In Young v. United Parcel Service, Inc., the Supreme Court interpreted the language of the federal Pregnancy Discrimination Act, which requires that employers treat pregnant...
View ArticleGuidance for Employers from Abercrombie
By Barry M. Willoughby At our recent Annual Seminar, we discussed, EEOC v. Abercrombie & Fitch Stores, Inc., an action involving alleged religious discrimination in connection with a refusal to...
View ArticleDomestic Violence Discrimination
A bill pending in the Delaware legislature would expand the state’s anti-discrimination statute. House Bill 4 would prohibit discrimination on the basis of domestic violence, sexual offense, or...
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This Takes the Cake: The Supreme Court Sides with Colorado Baker Who Refused...
One of the most anticipated rulings of the Spring Term was issued by the Supreme Court on June 4, 2018. In a 7-2 decision, the Court ruled that baker Jack Phillips was treated with hostility for his...
View ArticleThird Circuit Ruling Regarding ADA, FMLA
From the Third Circuit Court of Appeals, we have a reminder that employees who request reasonable accommodations are not immune from disciplinary action, including termination. Stanley Kieffer was an...
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Starbucks’ Racial Bias Training
Training seems to be all the rage these days. From a possible new bill here in Delaware that would require sexual harassment training for employers with more than 50 employees, to implicit bias...
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Woah, Baby! Pregnancy Discrimination Update
Regular readers of this blog will know that we have written pretty extensively on Women in the Workplace and Pregnancy (First Comes Love, Then Comes Marriage, Then Comes Flex-Time and a Baby Carriage,...
View ArticleSexual Harassment Training Now Mandated: An Update on the Passage of House...
On June 12, 2018 House Bill 360 (HB360) was substituted in the House by House Substitute 1(HS1). It was voted out of Committee on June 20 and the final bill was passed on July 1 by the General...
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Revenge of the Angry Hippos
We’ve all heard the saying, “sticks and stones may break my bones, but words will never hurt me.” Well, a few weeks ago employees at the Ohio State University found their words coming back to hurt them...
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New Trend in Maternity Leave
Here’s a headline that caught our eye: “Donating vacation time to new moms is a trendy co-worker baby shower gift.” That’s right, according to Good Morning America, it is becoming more popular for...
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Why the Next Supreme Court Nomination Is Important for Employment Law
The 2018 Supreme Court spring rulings were undeniably victorious for employers. Epic Systems Corp. v. Lewis ruled that workers have to abide by arbitration agreements, and that such provisions do not...
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McDonald’s says #MeToo
The news has primarily focused on the effects of the #MeToo movement in high-profile industries. The numerous falls from grace of once-prominent men (and occasionally women) in politics, comedy, and...
View ArticleInternal Investigations: Get It Right or Pay the Price
It will come as no surprise to most of our readers that, in the 12 to 14 months following the advent of the #MeToo movement, we have seen a marked uptick in the request for advice and assistance in the...
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