- Argument analysis: Justices divided on federal protections for LGBT employees — via SCOTUSBlog
- The Law is the Basement — via Kate Bischoff’s tHRive Law & Consulting Blog
- SCOTUS Oral Argument Recap: Is Justice Gorsuch the swing vote on LGBT workplace rights? — via Eric Meyer’s The Employer Handbook Blog
- Trump Appointee Gorsuch Plays Coy In LGBTQ Employment Rights Case — via NPR
- Justice Gorsuch emerges as an unlikely swing vote in the LGBTQ discrimination cases — via Vox
- The Supreme Court asks whether Title VII protects LGBT workers — via The Economist’s Democracy in America blog
In other news, I recently authored an article for Gusto discussing what AB5 (California’s recent law on independent contractor classification) means for small businesses operating in that state (including some practical tips for all employers dealing with contractor classification issues). You can access the article here.
Here’s what else I read this week:
Discrimination
- Second Circuit Offers Guidance on Associational Discrimination — via The Employment Brief
- Domino’s Cert. Denial and What Does it Mean? — via Understanding the Americans with Disabilities Act
- 8 examples of employee retaliation claims that courts reject. and And here is a retaliation claim that may make it all the way to a jury to decide — via Eric Meyer’s The Employer Handbook Blog
- Network’s Failure to Accommodate Online Applicants Sets It Back $1.25M in ADA Settlement — via Joe’s HR and Benefits Blog
HR & Employee Relations
- My coworkers make orgasm sounds while I’m on the phone — via Ask a Manager
- Man faced surgery, while bullying co-workers bet on his survival chances and gave him a toe tag — via Minding the Workplace
- Expert Shares Ideas for Improving Workplace Civility and Strategies to Reduce Workplace Bullying — via HR Hero Line
- Workplaces Function Better When They Are Civil — via EntertainHR
- Is It Appropriate To Hold A Law Firm Event At A Burlesque Show? Asking For This Law Firm. — via Above the Law
Technology
- A Company Shared an Applicants Instagram Photo as a Bad Example. Then the Tables Turned — via Evil HR Lady
- Reviewing Applicant’s Social Media Profiles? Maybe It’s Time to Check Your Ethics — via Fistful of Talent
- Workers give the thumbs up to emoji in business communications — via HR Dive
- Can a person bring a Computer Fraud and Abuse Act claim over unauthorized access to someone else’s computer? — via Internet Cases
- Network Security Must Transition into the Cloud Era — via Dark Reading
Wage & Hour
- Employment Law Checklist Project: No More Than Six Days of Work in a Week But…. — via Dan Schwartz’s Connecticut Employment Law Blog
- A New Smell: Ninth Circuit Rejects ABC Test for Determining Joint Employment — via Who Is My Employee?
- S.D.Ohio: Employer Cannot Avoid Imposition of Liquidated Damages Based on Claimed Reliance on PEO — via Overtime Law Blog
Labor
- WHYY says it will not recognize the union. Now what? — via The Philadelphia Inquirer
- NLRB at Work: Backlog shrinking, faster handling of new cases — via Reuters
- The Radical Guidebook Embraced by Google Workers and Uber Drivers — via The New York Times
OSHA & Safety
- Why Promoting Vaccinations Is Still Relevant — via Evil HR Lady, Suzanne Lucas
- OSHA Dings Employer $223K for Safety Violations Resulting in Employee’s Death at Plant — via Joe’s HR and Benefits Blog
- New OSHA weighting system could lead to more inspections — via HR Dive
- Mental Health Problems Need To Be Destigmatized In The Workplace—Here’s How To Do It — via Forbes