EEOC rules Sexual Orientation Discrimination prohibited by Title VII

Discrimination Underlined With Red Marker

Until July 15, I was very comfortable saying that Alabama employers (with the exception of those engaging in Federal contract work) were not prohibited by law from discrimination based on Sexual Orientation.  On July 15, the EEOC, in a 3-2 decision, found that discrimination based on sexual orientation is a violation of Title VII.  InRead More

SMH: Lawyers and Social Media lessons to be learned by employers


SMH means “Shaking My Head”:  in this instance, in disbelief.  The ABA Journal recently wrote about a lawyer in Louisiana who was disbarred as the result of her engagement in a social media campaign to contact 2 judges “she accused of being unwilling to consider the evidence in two custody cases involving allegations of childRead More

According to SCOTUS, unintentional discrimination is still discrimination: What does it mean for disparate impact under the ECOA?


Article by Maurice L. Shevin and Samuel D. Friedman It has been a busy few weeks for the U.S. Supreme Court with the release of several much-anticipated decisions. In today’s post, we review an under-the-radar, but extremely important, opinion— Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. The financial services industryRead More

President Obama proposes new FLSA Overtime regulation raising floor to $50,440

Less Employment

President Obama, in an Op-Ed column in the Huffington Post, is proposing to raise the existing $23,660 threshold for which eligible employees are automatically entitled to overtime to $50,440. Concerning this increase, the President wrote: “We’ve got to keep making sure hard work is rewarded. Right now, too many Americans are working long days forRead More

SCOTUS in 5-4 decision finds same sex marriage constitutional

Gay Marriage Icon

In a 5-4 decision written by Justice Kennedy, with 4 separate dissents, the US Supreme Court holds that the 14th Amendment requires all 50 states to recognize Same Sex Marriage (SSM).  Some of the more pertinent quotes and ideas from the Majority Opinion: “It is now clear that the challenged laws burden the liberty ofRead More

Alabama’s New and Improved Non-Compete Statute


On June 11, 2015, Governor Bentley signed into law legislation repealing the 1975 version of Alabama Code Section 8-1-1, “Contracts restraining business void; exceptions”, replacing it with a new Section 8-1-1.  The effective date of this new law is January 1, 2016, only 6 months away. The new law has several significant changes.  Section 8-1-1Read More

“The Times, They Are A-Changin,” Caitlyn Jenner, OSHA and more


Article by Daniel J. Burnick In Bob Dylan’s song, “The Times They Are A-Changin,” he sang: Come senators, congressmen Please heed the call Don’t stand in the doorway Don’t block up the hall For he that gets hurt Will be he who has stalled There’s a battle outside And it is ragin’ It’ll soon shakeRead More

Money money money: Litigating employment disputes is expensive

Money In Law

Over the years, I have been involved in numerous lawsuits resulting from employment disputes, be they allegations relating to pregnancy discrimination, Title VII, ADA and FMLA.  I have spoken and written that litigation can be very expensive.  Recently, the Dothan Eagle reported that City Commissioners in Dothan, Alabama, were “frustrated” by high legal expenses inRead More