Supreme Court May Resolve Appeal Court Conflict on “Supervisors”

Today the U.S. Supreme Court is hearing oral argument in a case that may impact when an employer is liable for harassment by certain employees. The case is Vance v. Ball State University, and turns on the definition of the word “supervisor” under Title VII, a federal civil rights law that prohibits racial, religious or… Continue reading Supreme Court May Resolve Appeal Court Conflict on “Supervisors”

Male on Male Sexual Harassment will Cost You

In the case of Spark’s Steakhouse (infamous location of a high profile mafia shooting in 1985), it cost $600,000.00 for them to settle an EEOC lawsuit arising from eight years of harassment of male waiters by a male manager.  Spark’s was not helped by the fact that the owners and management did not stop the harassment… Continue reading Male on Male Sexual Harassment will Cost You

Employer Pays $4.85 Million to Settle EEOC Disability Suit

Today the EEOC announced a settlement that serves as a reminder that an employer’s obligation to provide leave to an employee does not end at the expiration of the employee’s 12 week leave under the Family Medical Leave Act (FMLA).  The settlement also makes clear that policies that call for automatic termination if an employee does… Continue reading Employer Pays $4.85 Million to Settle EEOC Disability Suit

Potential Rule Change for Eligibility under the Oregon Military Family Leave Act

November 9, 2012, is the last day for public comment on a proposed change to the Oregon Military Family Leave Act (OMFLA).  The change would permit employees to take OMFLA leave even if they are not eligible for protected leave under the Oregon Family Leave Act (OFLA).  Currently, to be eligible for OMFLA, which permits… Continue reading Potential Rule Change for Eligibility under the Oregon Military Family Leave Act

“At-Will” Policy Does Not Violate the National Labor Relations Act

Yesterday, the Office of the General Counsel of the National Labor Relations Board (NLRB) issued an Advice Memorandum which analyzed whether an “at-will” employment  provision in a handbook violated Section 8(a)(1) of the NLRA because it was overbroad and would reasonably chill employees in the exercise of their rights.  Section 8 generally prohibits employers from interfering… Continue reading “At-Will” Policy Does Not Violate the National Labor Relations Act