Noncompetes Under Fire

As employment lawyers know, noncompetes are a hot topic these days.  Seems like they are being required of not just high level managers or high tech employees, but even clerks and fast food workers.

And some people — and states — are not particularly happy about this.

As the New York Times reports:

“In today’s on-your-own economy, workers […]

Another “N-Word” Case (No Noose?): Settled By EEOC For $40,000

The EEOC, which sued a New York-based company in South Carolina alleging racial harassment and retaliation, has just announced the settlement of the case for $40,000.

As readers know I’ve focused many posts particularly on certain different types of employment discrimination cases – one category of which involves racial slurs and a hostile workplace.  Perhaps these types of […]

“I Want To Turn You Back Into A Woman”: First EEOC Sexual Orientation Discrimination Case Settled

“The Times They Are A Changin’” I posted last March when the EEOC announced its first employment discrimination lawsuit based upon  sexual orientation – a bold step.

Although Title VII prohibits discrimination based upon sex, as well as a number of other protected classes, it does not explicitly prohibit discrimination based upon sexual orientation.   Congress has doggedly refused to amend […]

Is The “Product” Of Affirmative Action Presumptively “Incompetent?”

In the aftermath of the Supreme Court’s decision upholding the U. of Texas affirmative action plan, I wanted to post a reader’s comment.

In my “Alert” last week I quoted Reuters which had just reported that “The U.S. Supreme Court on Thursday upheld the practice of considering race in college admissions, rejecting a white woman’s challenge to a University of […]

NJ Employers Beware: You Cannot Contract To Shorten The Statute Of Limitations

By Mukti Patel

In a potentially far-reaching decision, the New Jersey Supreme Court recently decided that employers cannot require employees to contract to shorten the statute of limitations to file claims under the New Jersey Law Against Discrimination (the “LAD”).    At heart, Rodriguez v. Raymours Furniture Co. involved a clash between two competing interests – the well-established right of contract and the public interest in fighting employment discrimination.

The Court […]

Old Employee A Carry Out: Readers Comment

Last week I posted “67-Year Old Employee A ‘Carry Out’ – He Will Pass Away On The Job.”  It was about a recent court decision in which a 67-year old employee claimed that:

“he was ‘frequently the brunt of embarrassing and hurtful age-related jokes.’ …  (i) one of the jokes was ‘at age 67, laintiff had four […]

ALERT! Supreme Court Upholds U. Of Texas Affirmative Action Plan

Reuters has just reported that:

“The U.S. Supreme Court on Thursday upheld the practice of considering race in college admissions, rejecting a white woman’s challenge to a University of Texas affirmative action program designed to boost the enrollment of minority students.

The court, in a 4-3 ruling written by Justice Anthony Kennedy, decided in favor of the university […]

Lady Lawyer Gives Shout Out To Lady CFO!

By: Amy Epstein Gluck

Turns out there really is royalty in the US!   Ever hear of the Lady CFO?

Having been referred to as “the lady lawyer” more than a few times in my career, I especially loved hearing that Google employees are adding “Lady” to their job titles in protest over a sexist comment made by […]

67-Year Old Employee A “Carry Out” – He Will Pass Away On The Job

As you likely know if you are a reader, I “collect” direct and indirect evidence of age discrimination.  That is, with a zeal and laser-like focus not usually found in attorneys my age (joking!), I search for and post about the different language used by employers to refer to their employees “of a certain age.”  […]

Staffing Agency Sued For Refusing Woman’s Application For Client’s Job

This new case is brought to you courtesy of the EEOC — likely as a reminder to those clueless few who do not already know – that staffing agencies can be held liable for employment discrimination if they do the bidding of their clients.

“…not women, though!”

 

The EEOC just sued an Alabama-based staffing agency which refused to accept an […]