The Chartwell Chronicles: Employment Law
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In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) - Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As...more
For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more
There's a new sheriff in town . . . . . . so y'all better straighten up. You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more
Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more
Over the summer, a California court of appeal upheld a jury verdict in favor of a former senior VP who was discharged after his former employer had investigated and substantiated allegations of instructing subordinates to...more
King v. U.S. Bank Nat’l Ass’n, 52 Cal. App. 5th 728 (2020) - Timothy King sued his former employer for defamation, wrongful termination in violation of public policy, and breach of the implied covenant of good faith and...more
Former Pinterest Chief Operating Officer and top ranking female executive Françoise Brougher just filed a 17-page complaint in San Francisco Superior Court against Pinterest alleging a toxic work environment that allowed...more
In a landmark ruling, a Beijing court ruled in favor of a transgender employee against her employer, a Chinese e-commerce company, interpreting China’s anti-discrimination laws to include protection based on sexual...more
As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more
Newton’s Third Law of Physics states that “for every action, there is an equal and opposite reaction.” A recent Complaint filed in the Southern District of New York suggests that this principle may also hold true for the...more
In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee’s state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are...more
One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more
Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more
A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more
Restaurant Chain Subjected Transgender Employee to Sex Harassment, Then Fired Her for Complaining, Federal Agency Charges - FAYETTEVILLE, N.C. - Bojangles Restaurants, Inc., a North Carolina corporation operating a chain...more
A federal appeals court recently revived a former employee’s gender discriminatory discharge claim even though there appeared to be legitimate reasons for her termination. The decision suggests that employers take a big...more
A District Court in Louisiana concluded recently that a television station’s inconsistent application of its social media policy entitled a terminated employee to defeat summary judgment regarding his discrimination claim....more
Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more
Female Employee Denied Promotion and Terminated Because of Her Gender, Federal Agency Charged - TAMPA, Fla. - Nestlé Waters North America (NWNA), a Stamford, Conn.-based division of Nestlé Waters, the world's largest...more
Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more
Lake Charles Location Terminated Employee Because of Transgender Status, Commission Charges - NEW ORLEANS - Mississippi-based First Tower Loan, LLC violated federal law by firing a Lake Charles, La., manager-trainee...more
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
Imagine a guy, a married guy, more specifically an unhappily married guy, and even more specifically an unhappily married guy lacking a moral compass. The guy creates a discrete (ha!) profile on AshleyMadison.com, a dating...more
In an issue of first impression, the Third Circuit Court of Appeals ruled Wednesday, August 12, that a paid suspension does not constitute an adverse employment action under Title VII, joining the unanimous opinion of the six...more