Here is an interesting article from Law360 about how lawyers are using Facebook in a variety of different cases. Nothing earth-shatteringly new, but a good reminder for all involved about the implications of social media. In business litigation like non-compete cases, Linkedin may be an even better source of evidence.
Beware of stereotyping employees!
As reported on Work Place Prof Blog, the Eighth Circuit Court of Appeals (which covers Minnesota) issued an interesting opinion in a sex stereotyping/appearance case this week. In Lewis v. Heartland Inns, the court found that the plaintiff had presented enough evidence to suggest that she was fired for not conforming to stereotypes about how women [...]
Testing the limits of FMLA leave
A federal judge in Massachusetts ruled last week that the Family and Medical Leave Act does not provide protection to an employee who took a seven-week trip to the Philippines to participate in a faith healing event with her husband.
Maria Tayag worked as clerk at Lahey Hospital. Her husband had a number of serious chronic [...]
Male on male sexual harassment: it may be about intimidation, not sex
Late last year, the EEOC settled a sexual harassment charge that reminds us that not all harassment is committed by men against women.
Six male employees of the Cheesecake Factory received $345,000 in settlement of their claims that they were subjected to repeated sexual harassment at one of the company’s restaurant. According to the EEOC, the evidence [...]
The next protected category: Gender Identity
The federal government recently added language to its jobs website banning discrimination in federal hiring on the basis of gender identity (i.e. transgendered status). While the government has apparently prohibited such discrimination for several years, the move is nonetheless being hailed by civil rights groups and denounced by conservative ones.
Minnesota employers know that the [...]
Local laws prohibit discrimination against caregivers
A new report from the Center for Worklife Law concludes that at least 63 local governments in 22 states—including some of the nation’s major urban areas—have passed employment anti‐discrimination laws that go beyond federal and state statutes to ensure that those with caregiving responsibilities are not discriminated against at work. Cases filed under these laws may [...]
The Year in Ideas: Employment Law Edition
This week’s New York Times Magazine contains its annual Year in Ideas, which always makes for fascinating reading.
Two of the articles touched on employment law topics. The first, called “The Myth of the Deficient Older Worker”, describes a study by three economists who pitted “seniors” (those over 50) against “juniors” (those under 30) in three decision-making [...]
Employers: Take care with background checks
The EEOC has sued a nationwide convention company alleging a pattern or practice of unlawful discrimination because the company has rejected job applicants based on their credit history, or if they have had one or more of various types of criminal charges or convictions. The EEOC alleges that this practice has had an unlawful discriminatory [...]
GINA is coming this Saturday (no, not Geena Davis)
The new federal Genetic Information Nondiscrimination Act (GINA) takes effect for employers with over 15 employees this Saturday, November 21, 2009. Some are calling this the “most important new anti-discrimination law in two decades.”
The new law prohibits employers from requesting or considering genetic testing or genetic background information in hiring, firing or promotions. More specifically, [...]
The importance of performing a disparate impact analysis in Reductions in Force
A federal jury on Tuesday awarded more than $6.2 million in an age discrimination suit brought by two scientists who said they were fired from their jobs at a Pennsylvania chemical manufacturing company when the company targeted only older workers in layoffs in 2005. The case highlights the importance of statistically analyzing the effects of [...]
