Eyes On Equality and Opportunity
This year, on the second of July, I had the privilege of joining President Bush at a White House ceremony in which he led our Nation's observances of the 40th anniversary of one of the most sweeping and influential pieces of legislation in our history: the Civil Rights Act of 1964. This is the Act which, for the first time in U.S. history, addressed discrimination in voting, education, public accommodations, federal programs and employment. This is also the Act that established the U.S. Equal Employment Opportunity Commission, which opened its doors exactly one year later. Thanks to this landmark piece of legislation, it became illegal under federal law to discriminate in employment on the bases of race, color, sex, national origin, and religion. Since that time, the Commission has played a pivotal and preeminent role in preventing and eradicating discrimination in the workplace. Passage of the Civil Rights Act was truly a historic feat, but one that did not come easily.
The Ties That Bind
It's no secret that over the last decade, employees have been able to obtain large damages awards from employers in Title VII claims. Accusations of glass ceilings and racial and sexual harassment, for instance, are regularly splashed across headlines. Juries often see a sympathetic plaintiff and an employer with deep pockets. The prospect of a runaway jury is a prime motivation for employers to seek mandatory arbitration of these claims. Arbitration can in some cases reduce the costs of litigation, provide greater confidentiality, and provide a decision that is more predictable and less charged with emotion. There has been much controversy over so-called mandatory arbitration agreements, but a number of Supreme Court decisions in the last two decades have substantially refined the law in this area since the seminal case of <i>Alexander v. Gardner-Denver Co.</i>
Features
Documentation and Other Effective Ways to Avoid Liability for Discrimination
As Title VII of the Civil Rights Act of 1964 (the primary federal discrimination law) celebrates its 40th anniversary, the method of proving a discrimination claim has greatly evolved. Virtually gone are the "smoking gun" statements using the "n-word," advertisements for applicants of a certain sex, or statements that individuals over a certain age aren't qualified to apply for a particular job. Although the world hasn't reached an era of perfection, blatant discriminatory expressions or policies are comparatively infrequent in modern discrimination litigation.
Sexual Harassment
The comedian George Carlin once asked, "If you try to fail and succeed, which have you done?" A similar question arises in the context of sexual harassment: If a supervisor demands sexual favors of his subordinate and she silently acquiesces to keep her job, does she have a claim of sexual harassment against her employer? Despite the Supreme Court's many pronouncements on sexual harassment, the answer to that precise question is still unresolved.
In The Courts
Recent rulings of interest to you and your practice.
Features
Business Crimes Hotline
National rulings you need to know.
DOJ Requests to Stay Civil Discovery: Recent Trends
Most of us have experienced at one time or another the long arm of the Department of Justice reaching into a civil action, whether it be an SEC proceeding, a class or derivative action or a contract dispute, to intervene and stay discovery in favor of a pending criminal investigation or proceeding. And, far more often than not, the federal government's request is granted. However, courts on both coasts in the past year have shown that they are willing to scrutinize carefully government assertions of prejudice and potential witness tampering and defendants' claims of hardship and prejudice. In several instances, they have denied intervention and/or discovery stays.
Features
The Duty to Preserve Electronic Business Records
For companies in highly regulated industries, lawsuits and government investigations are a cost of doing business. This cost goes well beyond the fees for lawyers, experts and consultants. In the early stages of a lawsuit or investigation, much of it comes from the diversion of personnel from their business responsibilities to complying with requests for information made by an adverse party or the government. Instead of running the business, employees spend their time meeting with lawyers and reviewing historical records.
The Blakely Effect: Managing the Uncertainty
On June 24th, the Supreme Court decided a case that has sent a virtual shock-wave through the criminal justice system and threatens to upset the long-established practice of sentencing defendants under the federal Sentencing Guidelines. In <i>Blakely v. Washington</i>, 124 S.Ct. 2531 (2004), the Court invalidated a defendant's sentence imposed under the State of Washington's sentencing guidelines by holding that the Sixth Amendment prohibits a judge from increasing a defendant's sentence based on facts beyond those found by the jury or admitted by the defendant.
The Bankruptcy Hotline
The latest rulings of interest to you and your practice.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›