A Moment of Simple Justice - Death by Cop
A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Revenge Porn
The Evolution of Informed Consent in U.S. Courts
FCPA Compliance and Ethics Report-Episode 71-World Cup Report-Part IV
Why Does BigLaw Have So Few Black Partners?
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
New Program Helps Women Lawyers Return to BigLaw
A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Annual Labor & Employment Update 2013
NYC Gifted Programs Should Rely on 'Math,' Lawyer Says
Coyle: Robert's SCOTUS Doesn't Respect Congress
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Viewer's Guide to Gay Marriage Oral Arguments
Weekly Brief: Are Scholarships a Bait-and-Switch For Law Students?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
In order to sue under Title VII, plaintiffs must first file an administrative charge of discrimination against their employer with the Equal Employment Opportunity Commission. In many cases, the charge misnames the actual...more
Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a recent HRTO decision confirms.
The employee had commenced a court action in which he claimed that he was...more
High Court’s Fall Docket Includes Major Employment Issues -
Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more
On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation...more
Several weeks ago, in both a tongue-in-cheek and concerned fashioned, we wrote about a federal court decision that concluded an employer had to tolerate an employee’s admitted theft as a reasonable accommodation for her...more
On March 24, 2014, the Fifth Circuit was the first Circuit to directly adopt HUD’s new disparate impact rule. Inclusive Communities Project v. Texas Dep’t of Hous., 2014 WL 1257127 (5th Cir. Mar. 24, 2014). Now, a challenge...more
In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to...more
Employers defending against Sarbanes-Oxley Act (SOX) whistleblower retaliation claims should be prepared for a long and potentially onerous litigation process, even if the claims lack merit. A recent district court decision...more
A money manager and his firm recently sued the Securities and Exchange Commission claiming that the agency violated their constitutional rights by bringing an administrative proceeding for securities claims in connection with...more
On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more
Fahlen v. Sutter Central Valley Hospitals, S205568 (February 20, 2014): The California Supreme Court recently held that a physician, who claimed that a hospital terminated his staff privileges in retaliation for raising...more
The Fair Work Commission's anti-bullying powers came into force on 1 January 2014 (see our previous update here). In a recent decision (Application by Kathleen McInnes  FWCFB 1440), the Full Bench of the Commission has...more
Last week, the Second Circuit Court of Appeals ruled that a plaintiff’s filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (“EEOC”) does not toll the statute of limitations for...more
The continuing controversy over whether retaliation claims under the Sarbanes-Oxley Act ("SOX") cover activities outside the United States continues to play out in the courts and administrative bodies. The two leading cases...more
As we have discussed in earlier posts, the Administrative Review Board (ARB) has, over the last couple of years, issued a number of opinions signaling a decidedly employee-friendly interpretation of the whistleblower statutes...more
Officers Not Entitled to an Attorney During an Administrative Investigation Under POBRA -
Overview: Police officers sued the City of Los Angeles for violations of their civil rights and under the Public Safety Officers...more
Breaking ranks with every other federal appellate court to address the issue, the Federal Court of Appeals for the Seventh Circuit has ruled that an employer cannot defend a lawsuit brought by the EEOC by contending that the...more
In EEOC v. Mach Mining, LLC, the Seventh Circuit became the first federal circuit to foreclose an employer's ability to use the implied affirmative defense that the Equal Employment Opportunity Commission (EEOC) failed to...more
Ronald Ogle worked as a Community Employment Specialist for the Indiana Department of Workforce Development (IDWD). On November 10, 2012, he forwarded to his coworkers an email that included a picture of a barbeque restaurant...more
The U.S. District Court for the Northern District of Texas recently ruled that a plaintiff had the right to a de novo review of her SOX whistleblower claims in federal district court even though she had already participated...more
Aaron MacDonald v. State of California, et al. -
Court of Appeal, Third District (August 27, 2013) -
In this case, the Third District of the Court of Appeal acknowledged and clarified the question that troubled many...more
In the past few years federal agencies such as the Equal Employment Opportunity Commission (EEOC) have intensified their investigation and enforcement tactics....more
After complaining about a supervisor smoking in the office, an employee of the State Assembly was fired. Believing the firing was motivated by his complaint, the employee filed a lawsuit against the Assembly, claiming...more
In MacDonald v. Superior Court, the court held that an employee must exhaust statutory administrative remedies before filing suit against an employer.
MacDonald worked for the State of California and the California State...more
The Illinois Supreme Court recently held that the Cook County Commission On Human Relations (the “Commission”) acted beyond the scope of its authority when it awarded punitive damages to a prevailing complainant in connection...more
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