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Third Circuit Holds That Shareholder-Director Cannot Sue For Discrimination

The Third Circuit Court of Appeals recently ruled that a shareholder-director of a closely held family corporation was not an “employee” under Title VII, and therefore could not sue for discrimination. See Mariotti v....more

The Force is Sometimes Against Us

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more

Airline Management Newsletter - March 2013

In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more

Corporations Can’t Be Harassed

According to the U.S. Supreme Court, corporations have First Amendment rights, at least to the extent that they can make monetary contributions to political candidates.* However, the Tenth Circuit Court of Appeals recently...more

Massachusetts Governor Patrick Signs Law Mandating Fingerprint-Based Background Check

On January 10, 2013, Governor Patrick signed “An Act Relative to Background Checks” (H.4307) into law. This law implements a wide reaching requirement for mandatory state and national fingerprint-based criminal background...more

Sister Companies May Be a “Single Employer” Under Title VII

Businesses that have a common owner naturally bear some similarities. But such similarities normally are insufficient to make them a "single employer" under Title VII. However, EEOC v. Moreland Auto Group, LLLP, is a recent...more

Weekly Law Resume - November 1, 2012: Will The Weight of Senate Bill 1038 Fall On The Shoulders of Employers?

On June 27, 2012, Governor Jerry Brown signed Senate Bill 1038 (“SB 1038”), which eliminates the California Fair Employment and Housing Commission (“FEHC”) and transfers its duties to the Department of Fair Employment and...more

Human Rights Tribunal Has No Jurisdiction to Hear Equity Partner’s Human Rights Complaint in British Columbia

The British Columbia Court of Appeal has unanimously held that the British Columbia Human Rights Tribunal did not have jurisdiction under the BC Human Rights Code to hear an age discrimination complaint filed by a lawyer...more

Update: New Social Media Rule for New Jersey Employers Passes Assembly

Update: New Social Media Rule for New Jersey Employers Passes Assembly by Ramon Rivera on July 3, 2012 New Jersey employers concerned about proposed new social media rules should be aware that proposed legislation has...more

Under FEHA, Partner Can Sue Partnership For Retaliating Against Her For Opposing Sexual Harassment of An Employee

Liability for prohibited “employment practices” under the California Fair Employment and Housing Act (FEHA) generally requires the existence of an employment relationship. In a discrimination case, for example, there must...more

Second Circuit = The Avengers? Judges Create Alter Ego Liability

Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court...more

Partner May State FEHA Claim Against Partnership For Retaliation For Opposing Sexual Harassment Of An Employee Of The Partnership

A California Court of Appeal recently held that the California Fair Employment and Housing Act (“FEHA”) supports a partner’s claim for retaliation against her partnership for opposing sexual harassment of an employee of the...more

Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries,...more

Mergers & Aggravations

My colleagues and I have written on this blog about all of the costly potential lawsuits the Scranton branch has spawned since Sabre acquired Dunder Mifflin. Let’s assume some of these incidents have become actual lawsuits...more

Townsend v. Benjamin Enterprises, Inc.

Second Circuit Court of Appeals Ruling in Townsend v. Benjamin Enterprises, Inc.

Full text copy of the US Court of Appeals for the Second Circuit ruling affirming the liability of Benjamin Enterprises for sexual harassment by its vice president, whose role and responsibilities made him essentially a proxy...more

NLRB Poster Requirement Takes Effect April 30, 2012

Legal Alert: As of April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act. (The original effective date was postponed.) The...more

EEOC Commissioner Chai Feldblum on Proactive EEO Compliance

On March 16, 2012, EEOC Commissioner Chai Feldblum joined The Proactive Employer Podcast to share information about the Agency's outreach and education programs aimed at assisting the employer community with EEO...more

Court Rejects “Alter Ego” Doctrine As Basis for Suing Supervisor for Discrimination

The Second Circuit has long held that supervisors cannot be sued in their individual capacity under Title VII.  But can an employee do an end run around that by arguing that the supervisor is the “alter...more

K&L Gates: On Notice - February 2012: TUPE

How far does the insolvency exemption go? The Court of Appeal recently gave its long awaited judgment in Key2law LLP v Gaynor De'Antiquis, in relation to the scope of the exemption to TUPE for companies which...more

A Month In UK Employment Law - February 2012

In This Issue: A monthly newsletter covering the latest developments in UK Employment Law. Case Update...............1 News Update...............3 Upcoming Legal Developments.............4 Please see...more

What Does New England Patriots Signing of Antwaun Molden Tell Us About Discrimination Against the Unemployed?

There is widespread and rampant refusal throughout corporate America to even consider applications submitted by unemployed job candidates. Yet, the New England Patriots, an NFL powerhouse, just signed a player cut by NFL...more

Irrational or Rational? To a meaningless degree

Do people use Education as an excuse; they are too lazy to write a better job ad, understand the job they are recruiting for; reduce the number of resumes they have to look at? What is more important, sheepskin or proven...more

Industrial Relations (Voting Procedures) Bill rejected in UK Parliament

A motion for leave to introduce a Private Members’ Bill which would have made some strikes illegal if they were not supported by a majority of union members at that workplace has been rejected. The discussion about the Bill,...more

Are ANCSA Corporations subject to GINA?

In November 2010, the Equal Employment Opportunity Commission issued its final regulations governing Title II of the Genetic Information Nondisclosure Act (GINA) (Title II establishes GINA’s employment-related...more

Partner in Law Firm is "Employee" Under Human Rights Law

The courts have long recognized that human rights legislation must be interpreted broadly and generously but, in some cases, it can be surprising just how far the arm of human rights law extends. In its recent decision in...more