Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
In the 1800s, Irish immigrants to the United States were looked down on and treated poorly. Indeed, they were so illtreated that saying someone had the “luck of the Irish” was a humorous way of saying that the person was...more
From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more
Though sexual harassment is one of the most common forms of workplace discrimination, the trends employers are seeing in harassment claims are anything but typical. To stay ahead of the curve, employers need to keep...more
If you are the target of unwelcome and unwanted sexual advances or gender-based hostility in the workplace, you must step forward and report each instance so that your employer has the opportunity to take immediate and...more
Company Subjected Female Employee to Sexual Harassment, Resulting in Intolerable Work Environment Forcing Her to Resign, Federal Agency Charged - BIRMINGHAM, Ala. -Joe-Ryan Enterprises, Inc., a trucking company located...more
On April 26, 2013, the Second Circuit held that New York City Human Rights Law ("NYCHRL") claims must be analyzed separately from federal and state discrimination claims and that the severe or pervasive standard of liability...more
The Equal Employment Opportunity Commission (EEOC) has obtained significant jury verdicts for damages totaling $260 million in disability discrimination and sexual harassment lawsuits. These verdicts stress the importance for...more
Since it’s been almost a full year since Ann Curry tearfully departed The Today Show, it’s almost hard it’s a story still being talked about around the country. NBC’s conduct in this situation, phrased by Curry as...more
A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more
A recent decision by the U.S. Court of Appeals for the D.C. Circuit states that a plaintiff may bring a harassment claim against an employer for a single offensive slur, if the insult is egregious enough....more
Court Found Holmes & Holmes' Work Environment Was Hostile to Blacks - SALT LAKE CITY - Utah construction company Holmes & Holmes Industrial, Inc. will pay three former employees $230,000 and improve its future...more
The Ninth Circuit affirmed summary judgment for the employer on a former employee’s “hostile work environment” claim. The appellate court held that a male coworker’s “crude and offensive” remarks were not severe or pervasive...more
According to the U.S. Supreme Court, corporations have First Amendment rights, at least to the extent that they can make monetary contributions to political candidates.* However, the Tenth Circuit Court of Appeals recently...more
In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more
In a recent decision from the Appellate Division, First Department, a unanimous panel reinstated claims asserted by three plaintiffs under the New York City Human Rights Law (“NYCHRL”). The plaintiffs in Hernandez, et al. v....more
In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more
Manager Abused Teen Employees, Federal Agency Charged - NASHVILLE, Tenn. - A U.S. District Court Jury has found that a 38-year-old general manager at The Finish Line, Inc.'s Cool Springs Galleria store in Franklin,...more
The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l...more
Hernandez v. Kaisman, No. 104989/07 (1st Dep’t Dec. 27, 2012): A group of female plaintiffs alleged that the defendant, a doctor who owned and operated a medical office, created a sexually hostile work environment in...more
A former Los Angeles police officer has settled a lawsuit against the department for anti-gay discrimination and retaliation for $1.5 million and an agreement to turn in his badge. Sgt. Ronald Crump sued his employer in...more
President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more
In public school, the constitutional tension can be high on these issues: students' and teachers' free speech rights; teachers' Free Exercise rights; the school's concern for the Establishment clause; when bullying begins;...more
Late last month, the Supreme Court considered whether and when a co-worker can be deemed a supervisor for purposes of evaluating if the employer is strictly liable for that person’s harassment of another employee....more
The Supreme Court recently held oral arguments in the case Vance v. Ball State University, 646 F.3d 461 (7th Cir. 2011), which addresses the meaning of a "supervisor" in hostile work environment claims. If the Court applies...more
Oral Argument in Vance v. Ball State University Takes an Unexpected Turn - Late last month the U.S. Supreme Court heard oral argument in Vance v. Ball State University, No. 11-556. The issue that Vance is expected to...more
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