Employment Law Strategist

In a rare win for a plaintiff alleging employment discrimination, the 11th U.S. Circuit Court of Appeals has held that a woman can bring a harassment claim for language not referring specifically to her.

Even in today's increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.

Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.

As courts across the country continue to visit the issue of employment-at-will, the results show states continuing to chip away at the once mighty doctrine. Here's a look at one such case in Tennessee.

Many employers routinely conduct background checks on applicants and employees to verify their prior employment history. Oftentimes, an outside service is used to obtain the critical information and then provide a brief analysis as to its significance. However, as demonstrated in a decision from the Maryland Court of Special Appeals, both the employer and outside contractor can be sued for defamation ...

You might not have followed, or might not even be aware of, a suit by former Sullivan & Cromwell associate Aaron Charney against his firm, and the firm's subsequent suit against Charney. Gossip aside, the case, which settled on Oct. 25, 2007, should be noted by law firms, if for no other reason, than to learn how not to handle discrimination and retaliation complaints.

What obligations does an employer have under the Americans With Disabilities Act (ADA) to accommodate the impairments of employees who are 'regarded as,' but not 'actually,' disabled? This tricky question has created a split in the U.S. Circuit Courts of Appeal, leaving employers with little uniformity or clarity on the issue.

In 2007, the National Labor Relations Board ('NLRB'), a majority of which was composed of appointees of President Bush, issued a series of important and, in some cases, unanticipated decisions. To the labor community, the decisions represented a significant roll-back of well-established employee rights, while to the management community, they represented hard-won but less-than-revolutionary changes in some settled rules.