Employment Law Blog

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
UPDATE: The Supreme Court unanimously held that the administrative charge filing requirement in the federal employment discrimination statutes is not a jurisdictional requirement.  That means that while filing a charge is still required, if a plaintiff fails to file or fails to put all of her claims or allegations in...

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...

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...

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...

EEOC Pushes Boundaries of Harassment Liability in Select Staffing Lawsuit

June 29, 2018
Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of female employees of Select Staffing, a temporary staffing agency operating in Albuquerque, New Mexico, who were sexually harassed during their job placements with the Albuquerque Police Department Inspection of Public Records Act...

Changes to Sexual Harassment Law Could Help Victims in NYC, Minnesota

June 13, 2018
In the wake of the #MeToo movement, several states and localities have proposed or enacted workplace protections that are more robust than Title VII of the Civil Rights Act of 1964, the federal statute prohibiting sexual harassment in the workplace. As a general rule, federal employment law sets a “floor”—that is, the minimum...

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