EEOC Sees Uptick in Sexual Harassment Charges, Lawsuits Filed in 2018

eeoc_3As the #MeToo movement reaches its first anniversary this year, we have been reflecting on what a dynamic year it has been for employment law. It’s almost hard to believe that it has only been one year since the earth-shattering allegations against Harvey Weinstein were made public, catalyzing the movement.  Perhaps unsurprisingly, one of the biggest effects of the #MeToo movement has been an increase in the number of sexual harassment charges and lawsuits filed in 2018.  A similar swell was seen in the year following the Anita Hill hearings, as Clarence Thomas was confirmed to the U.S. Supreme Court. Continue reading

Local Case of Note: DDOL Wins Summary Judgment

The Case

deptoflaborThe Third Circuit recently had the opportunity to rule on a case brought against the Delaware Department of Labor’s Office of Anti-Discrimination (“OAD”), by its former Acting Administrator. The OAD was awarded summary judgment, and the Third Circuit confirmed the award, holding that even accepting all of the employee’s allegations as true, there was no legal basis to conclude that OAD had violated the federal Equal Pay Act. Continue reading

Paid Leave 2.0: Why Some Companies are Paying Their Workers to Quit

ca$h moneyHave you ever started a job and realized that it was not what you thought it would be? Or have you ever hired someone who seemed like a perfect fit in the interview and then was a total dud when they were on the job? Most of us have.  But in a novel approach, some companies have taken charge and started to pay their employees to quit. Continue reading

McDonald’s says #MeToo

Macky D'sThe 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 film have percolated throughout news cycles for the last twelve months. Often, the women reporting the harassment or assault had their careers stunted or completely derailed by their harassers, typically (but not universally) men who were in a position of power. But on September 18 a group of women who have been previously largely overlooked came forward. Fast-food workers from McDonald’s chains in ten different cities went on strike to protest both the sexual harassment they endure, and the indifference with which their complaints are met. Continue reading

Why the Next Supreme Court Nomination Is Important for Employment Law

Supreme CourtThe 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 violate the collective bargain rights of the National Labor Relations Act.  A second, Janus v. AFSCME, ruled that public-sector unions cannot require fair share fees from workers who do not wish to join the union.  The impact of these decisions has been significant for public- and private-sector employers, nationwide. Continue reading

Maternity, Paternity, Furternity?

PupperThe competition between companies attempting to attract and keep qualified workers has taken an interesting turn. The Minneapolis-based marketing firm Nina Hale recently added “Fur-ternity Leave” to their list of benefits.  The company is now allowing employees a week to work from home after they adopt a new cat or dog, so that the animal can adjust to the new home environment. Continue reading