Law firms are employers too. And, sometimes law firms, like all employers, fail to follow the law. Earlier this week, the EEOC announced the settlement of a pregnancy discrimination claim with a Washington D.C. law firm. The firm extended a job offer to an attorney who, following the offer, e-mailed the firm and disclosed that… Continue reading Law Firm Settles Pregnancy Discrimination Claim
Month: June 2013
One More Pro-Employer Decision from the U.S. Supreme Court
On June 24, 2013, the U.S. Supreme Court issued a decision that creates a higher standard for employees to prove retaliation under Title VII. The Court ruled that although an employee must only show that their status was a motivating factor to prevail on a claim for discrimination because of the employee’s race, color, religion,… Continue reading One More Pro-Employer Decision from the U.S. Supreme Court
Supreme Court Narrows the Definition of “Supervisor” in Title VII Lawsuits
Yesterday, the U.S. Supreme Court issued a decision in Vance v. Ball State University that has significant implications for employers in cases brought under Title VII. The Court held that an employee is a “supervisor” for purposes of vicarious liability under Title VII, only if the employee is empowered by the employer to take tangible… Continue reading Supreme Court Narrows the Definition of “Supervisor” in Title VII Lawsuits
More (or Less) on the City of Portland Sick Leave Ordinance
Last week, efforts to enact a statewide paid sick leave law stalled in the Oregon Legislature. As a result, only employers in the City of Portland will be required to offer paid sick leave to eligible employees beginning in January 2014. Another result of the Legislature’s decision is that the City of Portland will now… Continue reading More (or Less) on the City of Portland Sick Leave Ordinance
Oregon Bereavement Law Signed
On June 13, 2013, the Governor signed Oregon House Bill 2950, which amends the Oregon Family Leave Act (OFLA) to permit eligible employees to take up to 2 weeks of protected leave to deal with the death of a family member. Leave would be for an employee to: attend the funeral or alternative service of a… Continue reading Oregon Bereavement Law Signed
EEOC May Not Have to Identify Victims of Discrimination when Suing Employers
In most employment cases, there is a named plaintiff (or plaintiffs), who are alleged to have suffered harm and/or to be representative of other employees who have been subject to similar allegedly unlawful actions. In cases brought by the Equal Employment Opportunity Commission (EEOC), the EEOC is the “plaintiff” and is operating under its authority to… Continue reading EEOC May Not Have to Identify Victims of Discrimination when Suing Employers
Use of Criminal Background Checks in Hiring
In Oregon, it is legal to check an applicant’s criminal background before hiring, and in some situations, an employer can be liable for failing to do so. However, employers also need to be careful not to let the use of criminal background checks disparately impact members of protected classes. Yesterday, the EEOC filed lawsuits against BMW and… Continue reading Use of Criminal Background Checks in Hiring
$475,000 Punitive Damage Award for Failure to Promote
Here is a tip: it is a bad idea to promote an unqualified male employee and tell him to keep his promotion a secret from the qualified female employee who applied for the job. It is also a bad idea for a manager with decision-making power regarding promotions to announce that he would never put a… Continue reading $475,000 Punitive Damage Award for Failure to Promote
50th Anniversary of the Equal Pay Act
You can decide from reading the links below whether to celebrate. http://www.npr.org/2013/06/10/189280329/50-years-after-the-equal-pay-act-gender-wage-gap-endures http://eeoc.gov/eeoc/newsroom/release/6-10-13.cfm
Businesses Face Liability if they Poach their Competitors’ Employees
When businesses seek to hire employees from their competitors, one of the first questions most prospective employers ask is whether the candidate has an employment agreement with a non-compete provision with their current employer. The answer to this question will often dictate whether, and how, the prospective employer pursues the candidate. If the candidate has… Continue reading Businesses Face Liability if they Poach their Competitors’ Employees
