News & Analysis as of

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

NLRB Finds That Employer Improperly Disciplined Employee Who Obscenely Grabbed His Crotch in Front of Female Co-Worker

On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,...more

Breaking Down New Regulatory and Administrative Initiatives in the L&E Space

Recently, the NLRB chair, Mark G. Pearce, confirmed that the Board will continue its emphasis on social media cases. In 2011 and 2012, NLRB Acting General Counsel Lafe Solomon released three memoranda detailing the results of...more

Appeals Court Upholds Jury Verdict and All Relief Awarded Against A.C. Widenhouse in EEOC Race Harassment Case

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WASHINGTON - In the latest of a series of successes in the U.S. Equal Employment Opportunity...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 31: Discrimination Claims are Arbitrable

Arbitration agreements are a common feature of employment relationships today, widely used as a tool for avoiding jury trials of discrimination, harassment and other employment-related disputes. But before 1991, when the...more

Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination...

Additional Relief in the Form of Job Offers and Other Benefits Will Be Offered to Vulnerable Thai Laborers, Says Federal Agency - LOS ANGELES - Three years after filing suit against farm labor contractor Global...more

Fourth Circuit Rules that Employers Can be Liable for Third Party Harassment of Their Employees

In Freeman v. Dal-Tile Corp., 2014 WL 1678422 (4th Cir. April 29, 2014), the United States Court of Appeals for the Fourth Circuit ruled that an employer can be liable for third party harassment of its employees. The court...more

Failure Is Not An Option

When it comes to a dealership’s legal liability for employment-related problems, the basis of the liability generally falls into two categories – actions the dealership took and those it failed to take. When it comes to big...more

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

March 2014 California Employment Law Notes

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more

Employment Law Update 2014 - New Developments in Employment Law 2014

In this issue: - 2014 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Employer...more

New Year, New Employment Laws

With the New Year comes a number of new laws, including several that will affect California employers. Employers should include on their list of resolutions a review of the company’s policies and procedures to ensure...more

Annual Labor & Employment Update 2013 [Video]

BB&K labor and employment law attorneys hosted a webinar focusing on new legislation and case law impacting California employers - private and public. Topics included: - New Legislation Public and Private Employers -...more

Ringing in the New Year: A Summary of New California Employment Laws for 2014

California’s 2012-2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more

Serving Alcohol At Your Holiday Party

We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in...more

Week in Review - December 12, 2013

Your company holiday party can be added to the list of things impacted by technology. In addition to the risk of alcohol-induced harassment, injuries, or property damage, employers should be mindful that technology and mobile...more

December 2013's review of the year

Sandra Wallace, Partner and Employment group head, highlights the most important legislative and case law developments from 2013 and identifies the key cases to watch out for in 2014. ...more

At Least The Unicorn Won’t Sue You

When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

Fired Employee Failed To Prove That Depression, Harassment Drove Him To Fight: Court

An employee who was fired for fighting after being harassed, did not prove that his harassment or depression caused him to fight. Therefore, the Human Rights Tribunal of Ontario was wrong to find that his firing was...more

Look Out Business Owners: 2013 EEOC – “Strategic Enforcement Plan”

On December 17, 2012, the EEOC handed down its Strategic Enforcement Plan for FY 2013 – 2016. The following areas were identified as focus points for enforcement...more

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims

On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer’s ability to defend against employee claims of harassment and retaliation. ...more

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates - In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State...more

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