Employment Discrimination

Jury Decides That Davis Polk Attorneys Were Just Socially Awkward

Hoping they established eye contact before sharing the outcome.

Is It Ageist To Microtarget On Facebook?

Facebook could be the new vanguard of age discrimination.

No Touching! (Anywhere?): Sexual Harassment Dialogue Finale

Men shouldn't feel like they need to beware -- they should be AWARE.

Fat Shaming In The Workplace: Is Calling Someone A ‘Big Bottomed Girl’ Actionable?

As of now, fat shaming is, for the most part, a wrong without a remedy.

We Don’t File Lawsuits On Principle (Or: Why All Employment Lawsuits Often Have Such Bad Facts On Both Sides)

Lawsuits are all about money: this might sound distasteful, but it's true (at least in employment law).

Does Your Parental Leave Policy Engage In Sex Discrimination?

Anyone can be discriminated against -- and the EEOC knows it.

Skirts, Hair Follicles, The Flu, And The Mark Of The Beast — Say What?

Religious discrimination cases are dominating headlines -- and raising thorny legal issues.

President Trump Likely Terminates Employees In Violation Of The Law — And Jeff Sessions Might Be Next

It seems President Trump isn't familiar with 'wrongful termination in violation of public policy.'

Morning Docket: 07.28.17

* The Senate rejects the latest GOP effort to repeal the Affordable Care Act -- with Senator John McCain casting the decisive "no" vote. [Washington Post] * Riley Safer Holmes and Cancila continues its rapid expansion, adding 13 new lawyers -- including eight from Bryan Cave, led by former managing partner Joseph McCoy. [Law360] * More bad news for the LGBT community from the Trump administration: the Justice Department takes the position that Title VII doesn't cover discrimination on the basis of sexual orientation. [How Appealing] * Meanwhile, civil rights and LGBT groups get ready to file suit if President Trump's plan to ban transgender people from the military becomes a reality (which is not yet the case). [National Law Journal] * And these groups might just prevail -- Michael Richter and Anna Pohl, chairs of the New York City Bar Association’s Military Affairs and LGBT Rights Committees, lay out the case for why the transgender ban is unconstitutional. [The Hill] * Stephanie Francis Ward takes a long, hard look at the woes of Charlotte School of Law -- and the rest of the beleaguered Infilaw consortium of law schools. [ABA Journal] * Closing statements in the Martin Shkreli case paint very different pictures of the infamous "Pharma Bro." [Law.com] * Nuisance claims, or nuisance suits? Judge James Donato (N.D. Cal.) seems skeptical of a purported class-action case targeting Pokémon GO (which recently added Legendaries to the game). [The Recorder]

The ‘N-Word’: Is It Offensive Enough That A Single Utterance Creates A Hostile Workplace?

It's not clear -- but likely more than one such use is required.

Non-Sequiturs: 07.26.17

* President Trump's personal legal team: "It's utter chaos. Sometimes it can be like no one knows who is in charge." [Washington Post] * Adam Feldman predicts that the travel ban is going down before SCOTUS. [Empirical SCOTUS] * The Trump tweets on banning transgender individuals from the military aren't the only bad news for the LGBTQ community today. [Washington Blade] * A nice win for the First Amendment and public access to court records. [Volokh Conspiracy / Washington Post] * Ira Stoll wonders (with good reason): why did the New York Times account of this high-profile gender discrimination lawsuit name the law firm, but not the plaintiff? [Smarter Times] * Clerkships guru Debra M. Strauss, who has written for our pages on the topic, is out with a second edition of Behind the Bench: The Guide to Judicial Clerkships (affiliate link).

Discrimination In The Workplace: Talking About Racial Bias Is Hard But Must Be Done

The biggest impediment to anything meaningful moving the needle of diversity is the lack of honest discussion.

Of Hoodies And Hoverboards: Age Discrimination In Tech

Is there such a thing as age discrimination in the World of the Future – the tech industry?

Quinn Emanuel Hit With Racial Discrimination Lawsuit

The allegations are shocking, but the firm states that they are "utterly without merit."

‘I’m a Creep,’ And Other Silicon Valley Mea Culpas: So What?

Employment lawyer Richard Cohen asks: What can be done about the persistent problem of sexual harassment?