October 2013

Hugging and kissing are not typically considered professional conduct in the business world (unless you’re from France) – but is it harassment? A recent federal case, Lozosky v. Keystone Business Products, Inc., provides support for that most sophisticated of legal defenses, “It’s not harassment, your Honor. It’s European.”

Patricia Lozosky was employed by

I often say (only somewhat flippantly) that we are all disabled, but the newly released fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) seems to really go out of its way to make that point.  The DSM-5, which is produced by the American Psychiatric Association, serves as the authoritative guide on

As sexual orientation becomes more mainstream (not that I’m saying it’s accepted everywhere, by any means), gender identity issues are getting attention in our society.  Think of Bradley/Chelsea Manning, for example – his gender identity change added a crazy twist to an already juicy story about betraying our country.  When someone chooses to identify with

Menopause is approaching for me, and I am really looking forward to those momentary personal tropical vacations (i.e. hot flashes).  I hear from my more senior female friends that the symptoms of menopause – irrational emotional upheavals, poor sleep, dizziness, migraines, etc. – can be quite debilitating, as well as frustrating.  You might think that

We all know that stereotyping can be unfair and sometimes just dumb.  But expecting people to be manly men and girly girls can actually get you into legal trouble.  Sex-stereotyping can be the basis of a claim under Title VII, which prohibits discrimination and harassment because of sex, among other things.  A recent example of

The Livin Spoonful case is perhaps the funniest ALJ decision I have read in a LONG time.   This is the latest in the protected concerted activity train under the National Labor Relations Act.

The story involves a “gluten-free” “artisan” cracker company from Portland, literally based out of owner Brousseau’s kitchen and garage.  The company contributes