John Baum

John Baum

Hirschfeld Kraemer LLP

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Should telecommuting be a reasonable accommodation?

Increased use of telecommuting reflecting flexibility in the workplace has been the trajectory for many businesses, especially those in technology markets. Then Yahoo CEO Marissa Mayer decided to take a very different stance...more

7/17/2014 - ADA EEOC Employer Liability Issues Ford Motor Reasonable Accommodation Telecommuting Yahoo!

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 38: The Supreme Court Defines “Supervisor”...

In hostile environment harassment cases under Title VII, an employer’s liability for the conduct of its employees depends on whether a supervisor or an individual contributor commits the wrongful acts. If a supervisor...more

6/20/2014

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 38: The Supreme Court Defines “Supervisor”...

In hostile environment harassment cases under Title VII, an employer’s liability for the conduct of its employees depends on whether a supervisor or an individual contributor commits the wrongful acts. If a supervisor...more

6/20/2014 - Discrimination Employer Liability Issues Legal History Supervisors

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 4: In 1991, Congress Broadens the Law

By the late 1980’s, the legal battles concerning employment discrimination had become increasingly mature and several cases had been decided by the United States Supreme Court favorable to employers. In the Civil Rights Act...more

5/15/2014 - Civil Rights Act Discrimination Legal History SCOTUS

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 2: In 1972, The Law Expands and the EEOC...

Title VII of the Civil Rights Act of 1964 obviously broke new ground but advocates of the law recognized the immediate need to expand its scope and authority. After three unsuccessful attempts and eight years, Congress...more

5/14/2014 - Covered Entities Discrimination EEOC Enforcement Actions Title VII

Empowering the Bystander: Workplace Harassment and Bullying – Lessons from Richie Incognito and Jonathan Martin

After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions. Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily aided by his two...more

3/19/2014 - Harassment Richie Incognito Workplace Bullying

Managing Millennials: Do the Myths Have Validity (and a Millennial Response)

The conventional wisdom says that there are distinct challenges in managing Millennials (or Generation Y), defined as individuals between the ages of 18 and 32. The most common complaints from managers attribute a misplaced...more

10/30/2013 - Employee Retention Flexible Work Arrangements Human Resources Professionals Managers Millennials

Ninth Circuit Enforces Arbitration Class Waiver

Since the 2011 United States Supreme Court decision in AT&T Mobility v. Concepcion, appellate courts have assessed whether arbitration clauses with class action waivers are enforceable....more

8/23/2013 - Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Mandatory Arbitration Clauses SCOTUS

Investigations By Human Resources Professionals: The 10 Pitfalls To Avoid

As an employment law attorney, I regularly advise employers on personnel issues, including the conduct of internal investigations into employee complaints....more

8/16/2013 - Corporate Counsel Employer Liability Issues Human Resources Professionals Internal Investigations Investigations

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