The employment-discrimination laws have been expanding since their creation. And, most of the time, that’s a good thing. But there are times when I wonder, “Have we gone too far?” There was the bullying craze a few years ago, when there was a push to make bullying in the workplace unlawful. Although no decent employer (or human being) thinks that bullying is an endorsable attribute, I am of the opinion that it cannot be regulated via statute.
And there are the recent cases that have found that individuals who are in the country unlawfully have standing to sue under the wage-payment laws. I fall on the side of the employees on this one, in case you are wondering.
I defended a harassment case once that was brought by the former employee and her company, which had done business with the employer and which she claimed was subject to retaliation in violation of Title VII. I tried to explain to my opponent that Title VII-an employment law-applies only to employees. And, although the statute defines employees very, very broadly, I felt pretty confident that entities cannot be “employed” in this sense of the word. Thankfully, my prediction proved true in that case and the court dismissed the claims brought on behalf of the company.