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.
The NLRB's 'IBM' Decision
October 01, 2004
The National Labor Relations Board (NLRB) recently held by a 3-2 vote that employees who work in a nonunionized work force do not have the right to have a co-worker present at an investigatory interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline.
Transgender and Title VII: Time to Change?
August 31, 2004
If you have practiced employment law for more than a decade, you probably assume that Title VII does not cover transsexuals, transvestites or other transgendered individuals. It's simple: A lot of cases have held that "sex" discrimination does not extend beyond traditional notions of "male" and "female." Besides, an individual's sexual orientation is not protected under Title VII, so why should the transgendered be protected? Such an assumption is no longer necessarily valid. There appears to be a growing trend toward recognizing a cause of action for sex discrimination under Title VII when a transgendered employee suffers an adverse employment action.
The Pricelessness of Prevention
August 31, 2004
An employee who had never before complained about harassment quits and then files a sexual harassment constructive discharge claim with the EEOC. Can the employer prevail on the ground that the employee failed to take advantage of the employer's internal complaint procedure?
Sexual Harassment Litigation
August 31, 2004
Sexual harassment in the workplace is a serious and costly problem for corporate employers as well. Based on reports by women, an estimated 40%-90% of working women have experienced on-the-job sexual harassment. The U.S. Equal Employment Opportunity Commission (EEOC) and state and local agencies have received over 14,000 sexual harassment charges every year since 1992. This article reviews the psychological research literature on the legal standard applied in sexual harassment cases and on the abuse defense sometimes used in those cases.
Sexual Harassment
August 31, 2004
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.
