Several years ago, I blogged about Emeryville, California’s paid sick leave ordinance, which  is the only sick leave law that allows employees to take leave specifically to care for a sick service animal. As I noted then, “[t]he concept makes sense – employees can take sick leave because they (or their family member) is temporarily incapacitated because of the illness of the [service animal]. (Not because the dog is a family member!).” I also wondered whether other jurisdictions would adopt similar provisions. But now, I’m not sure they have to.

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Most human resources folks know that, under the Family and Medical Leave Act, eligible employees can take leave to care for a child with a serious health condition, and that the FMLA defines “child” as being under the age of 18. But what some perhaps don’t realize is the  FMLA has an additional definition of “child”: one over 18 years who  is “incapable of self-care because of a mental or physical disability.” And even if they’re aware of that definition, they may not understand that the disability can be quite temporary in nature. A recent case, Gibson v. New York State Office of Mental Health, clearly makes this point.

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In a study published in 2000, two professors – one from Princeton, the other from Harvard –concluded that blind auditions exponentially increased the probability of female musicians being selected for seats on major symphony orchestras. In blind auditions, musicians play from behind screens, thus removing the distraction of the person, including the person’s race, age or (the focus of the study) gender. The study collected data from eight symphony orchestras over four decades. The problem is, according to a Wall Street Journal article, the data presented a “tangle of contradictory trends” that did not support the unequivocal bottom line presented by the authors. Indeed, “[t]he paper includes multiple warnings about small sample sizes, contradictory results and failures to pass standard tests of statistical significance. But few readers seem to have noticed. What caught everyone’s attention was a big claim in the final paragraph.”

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My interest is piqued by laws with unusual twists, like the Emeryville, California ordinance that permits the use of sick leave to care for a family member’s service animal (about which I blogged previously). Here’s another one – Pittsburgh recently passed a pregnancy accommodations ordinance that extends protections to the partners of pregnant employees!

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Ah, the perils of “reply all.” We’ve all been there – but did you know that doing so can implicate the National Labor Relations Act? This was the case in Mexican Radio Corp. v. NLRB. In August 2015, a restaurant hired a new general manager. Soon after this hire, employees lodged numerous complaints with the restaurant’s director of operations about the general manager’s alleged demeaning treatment of employees, as well as the restaurant’s unsanitary conditions.
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By now most everyone has heard about the travails of WeWork arising from the swift downfall of founder Adam Neumann. If you have not heard, you are missing some fascinating stuff.  A Wall Street Journal piece was first to chronicle Neumann’s manic behavior (such as pondering how to become immortal and transporting large amounts of marijuana on a private jet trip, much to the chagrin of the jet’s owner!). In the wake of these disclosures, private equity investment firms that had committed tens of millions to WeWork became skittish, a planned IPO was pulled, and a faction of WeWork board members called for Neumann’s removal as a CEO. Indeed, within roughly a week of the WSJ article, he was forced to vacate his leadership role. Goldman Sachs, Morgan Stanley, and other investment houses now have written down the value of their investments by tens of millions of dollars.
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So last month, I blogged about my discovery that the Maryland Code does not actually contain all the laws that have been passed, which caused me to wonder how we were supposed to comply with them. And now, I just learned that in D.C., some laws that are passed end up not being implemented after all! Wait – what?!
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Ok, I’ve been practicing law for decades, but there are still things that surprise me. And yesterday I learned something about the Maryland Code – that it actually doesn’t include all the laws! Wait – WHAT?!!!!

Now, I’ve always understood a state’s Code (also known by other names in other states, such as the Statutes or Revised Statutes or General Statutes) to be the official compilation of all the laws in the state. Each year in Maryland, the (majority Democratic) General Assembly passes legislation that is either signed by the (Republican) Governor or allowed to become law without his signature. (Sometimes he vetoes too, but his vetoes often get overridden by an aggressive General Assembly, so the bills still become law). Shortly thereafter, there’s a new version of the Code with the new laws placed into the appropriate section of the Code.
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Years ago, I wrote a blog post, “Two or More Genders? Gender Identity and the EEO-1 Form,” in which I discussed what employers should do when an employee refuses to identify as either male or female for purposes of EEO reporting. At that time, I spoke with the Office of Federal Contract Compliance Programs about their approach to this issue (which was to assign a sex based on visual identification), but was never able to get the Equal Employment Opportunity Commission to respond to me, despite multiple phone calls and emails. Well, now, the EEOC has offered some guidance on a related issue – reporting non-binary employees (those who do not identify as either male or female) on the EEO-1 Component 2 report.
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In an ironic twist, a manager’s alleged attempt to protect an employee from racism resulted in a discrimination claim by that employee.

In Ikome v. CSRA, LLCthe employee hailed from Cameroon and had very dark skin. He helped his employer, an information technology services company, win a contract in North Carolina with the Environmental Protection Agency and became project manager on the contract. Within weeks, however, he was replaced as project manager by a lighter-skinned African-American coworker. In his lawsuit for color and national origin discrimination, he alleges that his manager told him that people in North Carolina are “rednecks” (The manager denied using the term, but the employee’s allegations are assumed to be true at this point in the litigation, before it goes to a jury). The employee interpreted this to mean that rednecks are racist, and a lighter-skinned person would be more acceptable to them.
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