Maria Walsh

Maria Walsh

JAMS

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“Getting to Yes” by Way of “I’m Sorry”: Settling Employment Discrimination Claims with Apologies

Apologies are difficult. By expressing regret and accepting responsibility for a harmful act, the person apologizing transfers “power” from him- or herself to the person receiving the apology. Parties negotiating settlement...more

6/10/2015 - Discrimination Hiring & Firing Litigation Strategies

JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain...more

4/29/2015 - ADA CFRA Employer Liability Issues FMLA Pregnancy Discrimination Unpaid Interns

Social media postings in sexual harassment litigation

Sexual harassment litigation typically involves accusations of unwelcome sexual conduct or comments in the workplace. Sometimes allegations are simply denied. More often, however, defendants assert that plaintiff either...more

2/11/2015 - Criminal Prosecution Federal Rules of Evidence Sexual Harassment Social Media Social Networks

The Promise and Perils of “Med-Arb”

When disputing parties tire of mediation (because it is too “weak”) or fear arbitration (because it is too “controlling”), they seek an Alternative Dispute Resolution solution that is “just right.” Recently, I’ve heard a...more

10/3/2014 - Arbitration Dispute Resolution Mediation

The Rise in Pregnancy-Related Employment Discrimination Claims

Laws protecting female workers from discrimination have succeeded, more women are entering and remaining in the workforce in more diverse occupations than ever before. With expanded participation has come the need to adapt...more

6/18/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Whether and when to mediate employment disputes -- Effective mediation can keep companies focused on the marketplace, not the...

Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more

6/6/2013 - Collective Bargaining Discovery Evidence Human Resources Professionals Mediation Settlement

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