August 2010

The Older Workers’ Benefit Protection Act (OWBPA) was passed in 1990 as an amendment to the Age Discrimination in Employment Act.  The OWBPA provides that for an older worker to sign a binding waiver of claims, the employer must include a provision that the worker has 21 days in which to sign the waiver and 7

Judge Keller’s appeal fails with no comment from the court.  See report.  The Texas Supreme Court rejected Judge Keller’s appeal.  See prior post.  Keller appealed the Commission’s public warning, arguing the Commission was authorized to sanction her or not sanction her.  Judge Keller argued in her appeal that issuing a public warning was

Two northwest Texas nurses were fired after they reported improper medical treatment by a doctor at the hospital where the two worked.  They reported the improprieties to the Texas Medical Board, which agency oversees doctors.  The two nurses were later charged with felonies by the local prosecutor, reflecting local support for the doctor. One nurse

A San Antonio soldier was killed in Afghanistan.  Nineteen years old, PFC John  Andrade was killed by an IED.  See San Antonio Express-News report.  He apparently survived the explosion and even called home.  He told his family that he was fine except for bumps and bruises.  A few days later, the family was notified

 The Hewlitt Packard CEO, Mark Hurd, resigns in the middle of a sex harassment investigation.  The investigation found other violations of other company policies.  See report.  It turns out that his expense reports were not accurate.  Mr. Hurd admitted to integrity issues.  Yet, the sex harassment probe supposedly found no infraction by Mr. Hurd. 

Tweeting your way out of a job can happen.  See report.  The Middle Eastern editor for CNN sent a brief tweet about the passing of a Lebanese cleric who was known for being anti-American.  Octavia Nasr tweeted that the cleric was "one of Hezbollah’s giants I respect a lot."  The editor meant the cleric’s

 According to the ABA Bar Journal, the EEOC settled a case against a temp agency in Ohio.  The agency used code words to describe the racial background of potential employees.  "Chocolate cupcake" referred to young female African Americans.  "Hockey players" described young white males. 

The case settled for $650,000.  The case was pretty egregious

 Another incident of workplace violence.  This time in Connecticut.  See news report.  The shooter’s family say the shooter had been harassed due to his race, African-American.  In any event, he was video taped stealing some product.  The morning of the shooting, he was going to a disciplinary hearing.  He had worked for the beer