<i>Goodridge</i> Decision Spawns Action
November 16, 2004
Although the average American might feel that the reality of same-sex marriages in Massachusetts materialized overnight, activists who have worked on the issue say that the <i>Goodridge</i> decision by the Supreme Court of Massachusetts in November 2003 was not a complete surprise. <i>Goodridge</i> was the result of a well-planned, long-term strategy by same-sex marriage proponents to bring the issue into the legal, cultural, and political mainstream.
The Changing and Conflicting State of Same-Sex Marriage
November 01, 2004
The May 17, 2004 legalization of same-sex marriage in Massachusetts cleared a symbolic and practical barrier to marriage between persons of the same sex within the United States, as the state became the first in the U.S. to give legal sanction to marriage between persons without regard to gender. The formal legal acceptance of same-sex marriage by a single jurisdiction within the United States, however, merely exacerbated a problem that has been developing and evolving for some time: the growing legal uncertainty brought by the legalization of same-sex marriage and unions by certain jurisdictions on the one hand, and increasing efforts to prohibit them from being granted or recognized, in others.
Workplace E-mail: Employers Beware!
November 01, 2004
E-mail has become a way of life. Its advantages in the business world are widely known: It is an inexpensive, easily distributed medium, which can be accessed, even wirelessly, almost instantaneously anywhere in the world. In this fast-paced global economy, these features are highly desired. E-mail in the workplace is a double-edged sword, however, and the problems associated with workplace e-mail, particularly in connection with litigation-related discovery, have been recognized with increasing frequency by courts and litigants around the country.
Employment Relations Training
November 01, 2004
Anti-harassment and diversity training can be a very effective tool in preventing claims of workplace discrimination and minimizing risk. It is essential, however, to be aware of the snares along the way: poorly executed training may be as good as no training at all, or worse. Properly executed, anti-harassment and diversity training holds out some hope for employers as a means to avoid the adage, all too familiar in the human resource community, that "no good deed goes unpunished."
All Employers Have Obligations Under Immigration Law
October 01, 2004
Suppose that you represent an employer that does not hire foreign nationals and is in an industry that does not lend itself to foreign workers. Does your client nevertheless have responsibilities under the Immigration Reform and Control Act of 1986 (IRCA)? The answer -- surprising to too many employers and attorneys -- is yes. The IRCA prohibits unfair immigration-related employment practices and makes all U.S. employers responsible for verifying the "employment eligibility" and "identity" of all employees hired to work in the United States after Nov. 6, 1986.
Arbitration Is for Some But Not All
October 01, 2004
The defense of employment-related lawsuits is a significant expense for employers that, many times, cannot be avoided. At the same time, it is an expense that offers little return on investment for the employer. Despite the efforts of at least some courts to try to resolve these cases through early mediation or to move them faster through the system, claims of employment discrimination and other alleged wrongdoing in the workplace, often languish far too long.
