Bias

News & Analysis as of

Minister or Not? Gay Bias Case Turns on Employee’s Role

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

Sexual Misconduct Investigations in Higher Ed Facing Scrutiny by Courts for Gender Bias

The U.S. Court of Appeals for the Second Circuit, in Doe v. Columbia University, recently handed down a significant decision regarding potential claims of parties accused of sexual assault or other offenses under university...more

Employment Law Navigator – Week in Review: July 2016 #3

The combined topics of Facebook and race were in the news last week. A Pennsylvania judge ruled that an employee’s personal Facebook page laced with race-based stereotypes could be used to impeach her in her lawsuit, which...more

Brand Names as False Advertising and Other Lessons on Comparative Product Testing

In theory, a product brand name can communicate a false advertising message, but it doesn’t happen often in practice. Such an instance was found to have occurred according to a recent decision by the National Advertising...more

Court Of Appeal Refuses Permission To Appeal Upper Tribunal Decision On Grounds Of Bias

In this case report we consider the Court of Appeal's judgment in Jeffery v FCA [2016] EWCA Civ 187 (19 January 2016). The Court of Appeal refused an application for an appeal against a previous decision made by the...more

Employment Law This Week: Constructive Discharge Claims, Class Waivers, Hiring Bias, Electronic Record-Keeping Rule, Equal Pay [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Labor & Employment E-Note - April 2016

In an article published by the Birmingham Business Journal ("BBJ") in the March 25 print edition, Bryance Metheny provides insights into a series of questions related to labor and employment law, including what are some legal...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

In Case You Missed It: Launch Links - March 2016 #4

Some interesting links we found across the web this week: - How The Fiduciary Rule Will Harm Fintech And Startups - The Department of Labor may not be the first federal agency on an early-stage startup founder’s...more

UK Court Addresses Arbitrator’s Purported Conflict Of Interest

A dispute arose over a project in Iraq between a British Virgin Island claimant and a Malaysian defendant with a sole Canadian QC arbitrator. The claimant’s challenge of the arbitrator’s award was based upon bias because of...more

Ninth Circuit Reverses District Court’s Order Vacating Arbitration Award Based On Evident Partiality

This appeal is from an order from a district court in California, vacating an arbitration award against Masimo Corporation in favor of two former employees for $5.3 million because the court found that the arbitrator...more

A Job Ad Doesn’t Need to Be a Job Description

Ah, job descriptions. Boring lists of knowledge, skills, abilities, duties, and education and experience requirements – a description of the “essential functions” of a job. Not compelling reading at the best of times, and...more

English High Court Rejects Challenge to Arbitral Award on Basis of Apparent Bias

A recent case raised an interesting issue regarding the relationship between English law, which suggested there was no apparent bias, and the International Bar Association Guidelines on Conflicts of Interest in International...more

SEC OIG Cannot Substantiate ALJ Bias

In a January 21, 2016 Report of Investigation, the Inspector General for the Securities Exchange Commission found no evidence to substantiate allegations of pro-agency bias among SEC administrative law judges. The allegations...more

More Changes Ahead to the Rules of Professional Conduct?

Rule 8.4 of the Model Rules of Professional Conduct is a bit of a catch-all. In general terms, it prohibits "lawyer misconduct." Even more ambiguous, Rule 8.4(d) prohibits "conduct prejudicial to the administration of...more

FTC Publishes Big Data Report – Provides “Recommendations to Business”

The Federal Trade Commission (FTC) has just released a report on Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (Report), January 6, 2016. The FTC Chairwoman Edith Ramirez indicates in the FTC...more

Male Minister Who Won’t Wear Makeup Sues For Religious Bias

Boy, the Detroit area seems to be in the front lines for the gender-identity wars. As I’ve previously reported here, here, here, and here, the Equal Employment Opportunity Commission has a high-profile...more

The Connecticut Supreme Court, the U.S. Supreme Court and Pope Francis all address the death penalty

Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven...more

Employment Law Navigator – Week in Review: November 3, 2015

On Sunday, Forbes published two articles on workplace trends and the future of work. In both, the contributors predicted that new technologies in the workplace, like wearables, will have significant impact. It was also...more

Arbitration Clauses Under Attack – Do They Harm Consumers?

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Importance of Neutrality

October 12 kicked off the 2015 ABA Mediation Week. This year’s theme is “Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future.” Lawyers and mediators understand both the...more

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

Women in the Workplace

Employers interested in attracting and retaining women and promoting greater gender diversity in their executive ranks will be interested in the Wall Street Journal’s Special Report on Women in the Workplace. The Report...more

59 Results
|
View per page
Page: of 3
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×