Employment Law Report

By Michelle D. Wyrick

The short answer is yes, for federal employees, and possibly, for others.  In Macy v. Eric Holder, Agency No. ATF-2011-00751, 2012 WL 1435995, the EEOC decided that a transgender applicant’s complaint of discrimination based on gender identity was cognizable under Title VII of the Civil Rights Act of 1964.  In Macy, a ...

By George J. Miller

In a case that glaringly showed how unions are willing to advance their political agenda at the expense (literally!) of the employees they represent, today the U.S. Supreme Court sided with the employees.  The case is Knox v. Service Employees International Union, Local 1000.  The Court held that the First Amendment prohibits a ...

By George J. Miller

In the past year the National Labor Relations Board's Acting General Counsel, Lafe Solomon, has attracted a lot of attention in the legal and business community by issuing three memoranda describing how his office has alleged that employers have violated the rights of non-union employees by enforcing social ...

By Edwin S. Hopson

In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline, 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as “outside salesmen” under the Fair Labor Standards Act (FLSA) and therefore are exempt from ...

Since 1995, a plaintiff making an ADA claim in the Sixth Circuit could succeed only by proving that an employer based an adverse decision “solely” on the plaintiff’s disability.  That changed on May 25, 2012, with the Sixth Circuit’s opinion in Lewis v. Humboldt Acquisition Corporation, Inc., Case No. 09-6381 ...