Beau Howard Speaking

Hiring and Onboarding Legal Compliance Methods

On May 15, 2018, our partner Beau Howard spoke at National Business Institute‘s seminar about hiring and onboarding legal compliance, including immigration issues, Form I-9 compliance, how to use e-verify, proper use of background checks, and how to structure applications and interviews to avoid liability. You can review the slide deck from the presentation below. Mr. […]

Arbitration Agreement Without Sexual Harassment Carveout

Sexual Harassment Legislation Would Require Amendment of Arbitration Agreements

A proposed law may invalidate your company’s arbitration agreement unless you amend it to carve out sexual harassment and gender discrimination claims. If you run a business, pay attention to the Ending Forced Arbitration of Sexual Harassment Act of 2017. Failure to comply would bar arbitration of all disputes, not just sexual harassment and gender […]

James Damore's Jerry Maguire Moment

Should Google Have Fired James Damore for His Echo Chamber Memo?

IfyousomehowmissedthebrouhahacausedbyGoogleEngineerJamesDamore’sEchoChamberMemo, you are living under a rock. Google’s CEO cut his vacation short to address the maelstrom, and Even Anita Hill has come out of the woodwork to encourage women to sue their tech employers. Google’s decision to fire Damore over the Echo Chamber Memo (linked in its entirety here) raises plenty of questions, but […]


It’s Time To Train Your Managers To Be Compassionate To Gender Transition Issues

Companies surprised by an employee’s gender transition cannot lose sight of their obligations under federal employment law.  In Western Kentucky, a District Court ruled on Monday that it would allow Pax Bradford to proceed in his suit against Humana, Inc. on claims that it violated the Family Medical Leave Act, the Americans with Disabilities Act, […]


NSFW Facebook Rant Was Awful, But Not Awful Enough to Justify Firing

In National Labor Relations Board v. Pier Sixty, LLC, the Second Circuit Court of Appeals considered how awful an employee’s conduct must be on Facebook before he or she loses the protection of the National Labor Relations Act (“NLRA“). In this particular case, in the middle of a union campaign, the employee reacted poorly to […]


Sexual Orientation Discrimination = Sex Stereotyping = Civil Rights Violation

According to the United States District Court for the Western District of Pennsylvania, “discrimination based on sexual orientation constitutes sex stereotyping prohibited by law.” See Order Denying Motion to Dismiss, Equal Employment Opportunity Commission v. Scott Medical Health Center PC, Case No.  2:16-cv-00225 (W.D. Pa. Nov. 4, 2016). This comes on the heels of the Seventh […]


The Ivy Tech Decision Puts Sexual Orientation Discrimination Back on the Table, Right? WRONG!

On July 28, 2016, the Seventh Circuit Court of Appeals ruled that Title VII of the Civil Rights Act of 1964 does not protect employees from discrimination based on their sexual orientation. However, if you manage a business with more than 15 employees, you should essentially ignore this ruling. Here are a few quick reasons […]


New DOL Rules Prevent Discrimination Based on Gender Identity and Transgender Status

The United States DOL has updated its sex discrimination rules for businesses earning more than $10,000 annually through federal contracts.  The new rule will be published on June 15, 2016, and will take effect August 14, 2016. A link to the final rule can be found here: Final Rule. The rule is meant to bring […]