Employment Law Blog

Military Cannot Discriminate Against HIV-Positive Servicemembers, Court Rules

April 2, 2019
LGBTQ+ advocates recently won a major victory in a lawsuit challenging discrimination in the military on the basis of HIV status. On February 15, 2019, Judge Leonie M. Brinkema of the Eastern District of Virginia granted the request of two HIV-positive Air Force servicemembers to temporarily block their imminent discharge from...

Google Employees Spearhead Change: Eliminating Forced Arbitration in Sexual Harassment Claims

March 22, 2019
On February 21, 2019, Google announced that it would end its practice of forced arbitration and class action waivers for all claims brought by current or future employees, expanding the commitment Google made in November 2018 to end the practice for claims of workplace sexual harassment and assault. The policy took effect...

Rumors at Work: Court Rules Stereotyped Gossip Constitutes Sex-Based Harassment

March 11, 2019
The Fourth Circuit issued an important decision in February, holding that spreading rumors that a female subordinate slept with a male superior to obtain promotions could constitute sexual harassment under Title VII, and that complaining about such harassment could constitute protected conduct for a retaliation claim. In Parker...

Rare Win for Transportation Workers at Supreme Court over Mandatory Arbitration

March 1, 2019
On January 15, 2019, the Supreme Court decided in New Prime Inc. v. Oliveira that a court cannot enforce a mandatory arbitration agreement against a long-haul truck driver under the Federal Arbitration Act (FAA), notwithstanding his classification as an independent contractor rather than an employee. No. 17-340, slip op. at 15...

Seventh Circuit Joins Other Courts in Rejecting ADEA Impact Claims by Job Applicants

January 29, 2019
On January 23, 2019, a majority of the Seventh Circuit ruled in an en banc decision that the federal Age Discrimination in Employment Act (ADEA) does not permit disparate impact challenges to employers’ hiring practices. See Kleber v. CareFusion Corp., 2019 WL 290241 (7th Cir. Jan. 23, 2019). In reaching this conclusion, the...

Does it Matter that the Supreme Court has Agreed to Review Fort Bend County v. Davis?

January 29, 2019
The only new employment case the Supreme Court has taken for review this term has left most practitioners wondering why the Court took it, and what practical difference the outcome will make. The issue seems to be one of those procedural points that will not matter in the “real” world. The Court has taken Fort Bend County v....

Google Employees Confront Widespread Sexual Harassment and Discrimination

December 18, 2018
The MeToo movement has led to a much-need reckoning with the effects of misogyny and unchecked power in a variety of sectors across the country, from Hollywood to political institutions. As part of this movement, technology giants have been forced to face the conditions of their industry, which is rife with sexism, sexual...

EEOC, NLRB Differ over Confidentiality of Workplace Sexual Harassment Investigations

September 13, 2018
The latest report and proposed guidance from the Equal Employment Opportunity Commission (EEOC) on how employers should respond to sexual harassment in the workplace have raised questions about the confidentiality of investigations.  Although the EEOC recommends that employers maintain the confidentiality of internal harassment...

Rideshare Services Rescind Arbitration Requirements in Cases of Sexual Assault and Harassment. But There’s Still Work to Do.

August 23, 2018
Since the New Yorker published its article exposing Harvey Weinstein’s rampant sexual harassment in October last year, the #MeToo movement has shined a national spotlight on our institutions’ failures to protect and empower survivors of sexual harassment and assault.  As the public has learned more about how the legal system...

Maternal Walls and Glass Ceilings in the #MeToo Era

July 26, 2018
Women’s advancement in the workplace is often obstructed by invisible barriers. “Maternal walls” – erected on assumptions that women will eventually become pregnant and either leave the workforce or become less productive after having children – regularly channel women into lower paying jobs during their childbearing years. And...

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