News & Analysis as of

The Apex Doctrine: Protect Your Corporate Executives From Harassment

Because few cases proceed to trial, discovery and, more specifically, depositions are the focal point in most civil litigation. The permissible scope of discovery is usually very broad – permitting a party to discover...more

Lawyer’s harassment investigation report was not solicitor-client or litigation privileged: union entitled to a copy, says...

The mere fact that a lawyer prepared an investigation report does not make it privileged, a labour arbitrator has held, granting the union’s request for a subpoena to obtain the report. The Durham Regional Police Association...more

Transcending Gender In Schools: Is Gender Neutral The New Normal?

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to...more

Jeepers, Creepers: The Launch of the New “Peeple” App and Privacy Concerns

It’s 12:43 in the morning, and you have had a tough day at work. You are tired, thinking slowly, and feeling a little anxious that you should already be in bed to catch some rest before a 6 a.m. wake-up call. And then you get...more

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

A Final Look at CHRO Case Statistics – Part 3

So, in my prior two posts about the new case statistical reports from the Connecticut Commission on Human Rights and Opportunities, I’ve looked at the case statistics to see that harassment and terms & conditions claims are...more

EEOC Sues John Q. Hammons Hotel Management for Race Harassment

Operator of Normal, Ill., Marriott Hotel Failed to Stop Repeated Racial Comments, Federal Agency Charges - PEORIA, Ill. - John Q. Hammons Hotel Management violated federal civil rights laws by failing to stop a pattern...more

When a Manager Makes Even One Stupid Comment after an FMLA Request, the Employer Pays the Price

How would you like to work alongside Jim, who engages in the following behavior: He makes a habit of telling co-workers what they are doing wrong, using a degrading tone of voice, and instigates arguments when doing...more

Construction E-Note - September 2015

Florida's Department of Business and Professional Regulation requires and issues licenses for entities and individuals to qualify to construct improvements to real property in Florida. Generally speaking, an out-of-state...more

Seventh Circuit Finds School District Not Liable in Bullying Case

The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more

Harassment and “Terms & Conditions” Claims Up Big; A Look at CHRO Statistics Part 2

In yesterday’s post, I talked about how employment claims being filed are up big at the CHRO. Indeed, in looking at the statistics further, I realized that it is the second highest number of claims being filed in the...more

What’s Your Two Cents? Employment Law In The News

I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news...more

Henry's Turkey Service, Herederos Deben Entregar Casi $600,000 Debido a Trabajadores con Discapacidades

EEOC y Fiscal de los EE.UU. Intervienen con Éxito en Acuerdo que Huberia Privado de Dinero a las Víctimas de Discriminación - DALLAS - El Jefe de Jueces de Distrito de los EE.UU. Jorge A. Solís dictó una resolución el 11...more

General Assembly Adds “Cyber Harassment” To Pennsylvania Criminal Code

On July 10, 2015, the Pennsylvania General Assembly adopted Act 26 of 2015, which amends Title 18, Section 2709 (“Harassment”) of the Pennsylvania Consolidated Statutes by adding the crime of cyber harassment. Cyber...more

Henry’s Turkey Service, Heirs Must Turn over Almost $600,000 Owed to Disabled Workers

EEOC and U.S. Attorney Successfully Intervene in Deal That Would Have Diverted Monies Away From Victims of Discrimination - DALLAS - U.S. District Chief Judge Jorge A. Solis issued an order on Sept. 11, 2015, to override...more

That is SO last week - September 2015 #2

Last week, Ellen Pao withdrew the appeal in her sex discrimination lawsuit against Kleiner Perkins. The Pao v. Kleiner Perkins trial captivated Silicon Valley as it sought to spotlight all-male company ski trips and double...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

Labor Day Hot Topics

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

The Top Social Media Platforms’ Efforts To Control Cyber-Harassment

Social networking platforms have long faced the difficult task of balancing the desire to promote freedom of expression with the need to prevent abuse and harassment on their sites. One of social media’s greatest challenges...more

“Discussing inappropriate personal matters at work”, aggressive conduct, gets employee fired for cause

An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive personal matters at work. The employee had worked at the company for 28...more

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more

Employee Relations, Title VII, and the Confederate Battle Flag

Many workplaces situated below the Mason-Dixon line will employ both those who feel the Confederate flag is a vital part of their heritage and self-expression, and also those who see the Confederate flag as a symbol of...more

How Not To Write An Employment Agreement Arbitration Clause: Court Of Appeal Rejects One Sided Clause As Procedurally And...

In Carlson v. Home Team Pest Defense, Inc. (Ct. of Appeal A142219), published August 17, 2015, the Court of Appeal held that an employer’s arbitration clause which allowed only the employer to file lawsuits for certain...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

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