Jon Hyman – Kohrman Jackson & Krantz

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But He Looked Black… Court Rebukes EEOC’s Use of “Race Rating” in Systemic Lawsuit

The federal agency charged with ending racial stereotypes in the workplace, the EEOC, hinged its entire systemic case on stereotypical way in which different races “look.” The court was having none of it, excluding the EEOC's…more
| Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law

The "I"s Have It: NLRB Says Don’t Shred Those At-Will Disclaimers Just Yet

The NLRB Office of General Counsel issues refreshing (surprising? relieving?) advice memoranda backing off the position that any at-will disclaimer violates the NLRA, and stating that it is willing to evaluate each on a…more
| Administrative Law, Labor & Employment Law

Counseling as an ADA-Protected Medical Examination

The scope of what qualifies as a “medical examination” under the Americans with Disabilities Act lies at the heart of Kroll v. White Lake Ambulance Authority, which held that counseling qualifies as an ADA-protected medical…more
| Administrative Law, Civil Rights, Labor & Employment Law

A Letter to the NLRB on Its Latest Position Against Confidential Workplace Investigations

In Banner Estrella Medical Center, the NLRB concluded that an employer’s request to employees not to discuss a workplace investigation with their coworkers while the investigation was ongoing violated the employees’ rights to…more
| Labor & Employment Law

Does Your Social Media Policy Educate About Being “Profersonal"?

Jason Seiden, the co-founder and CEO of Ajax Social Media, calls it profersonal: the inherent intertwining of our personal and professional personas online. This past week, two Olympic athletes learned quick and dirty lessons on…more
| Labor & Employment Law

Did the Sixth Circuit just approve a claim for benign discrimination?

In Litton v. Talawanda Sch. Dist. (6th Cir. 6/26/12), a demoted and transferred custodian sued his employer for age and race discrimination. The jury concluded that Litton did not prove that he had suffered an adverse action,…more
| Labor & Employment Law

NLRB’s Position on Social Media Policies Remains a Bungled Mess

Yesterday, NLRB Acting General Counsel Lafe Solomon issued his third report on social media cases brought to the agency. This report focuses entirely on “policies governing the use of social media by employees.” Has the Acting…more
| Labor & Employment Law

Sixth Circuit applies “but for” causation to ADA claims (but does it matter?)

More than a year ago, the 6th Circuit upheld its use of a “sole reason” causation standard in ADA cases, but invited the full 6th Circuit to revisit (and overrule) this issue. That en banc panel issued its ruling last Friday,…more
| Labor & Employment Law

KJK Employment Law Briefing (Mar/Apr 2011)

Kohrman Jackson & Krantz's team of employment lawyers shares the latest news in the world of labor and employment law, including the federal wiretap statute, how to respond to a harassment complaint, and a case study on the…more
| Labor & Employment Law
Areas of Practice
  • Labor & Employment Law
  • Litigation
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