A case arising out of New York demonstrates what not to say when a woman applies for a job. One male manager reportedly responded in an interview with a female applicant, "First comes love, then comes marriage, then comes flex time and a baby carriage." This comment and others helped provide good evidence for a
Don’t Ask Don’t Tell Discussed
Its an issue that strikes home with me. Do gays belong in the military? One law school prof discusses his view, based on the harm sometimes done by the "Don’t Ask, Don’t Tell" policy. See discussion. Having served 28 years in the Army National Guard and Army Reserve, I look at the issue through
Big Class Action Against Wal-Mart
The Ninth Circuit granted class certification in a lawsuit against Wal-Mart alleging gender based discrimination against some 2 million women. See report. It was a close 6-5 decision at the court. The Ninth Circuit heard the arguments en banc, which means the that the Ninth Circuit issued an initial decision. One of the
When is Sexual Harassment Not Sexual Harassment?
The state appeals court in Austin looks at what is sexual harassment and what is not. Sex harassment refers to the situation in which a woman (or a man) is harassed without explicit requirement of a sexual relationship. Sex harassment simply refers to harassment short of an explicit relationship. in Twigland Fashions, Ltd. v. Miller
Disability Nondiscrimination Law Adviser
Department of Labor has released a Disability Nondiscrimination Law Adviser. Once the reader answers some general questions, the adviser will provide some a customized list of statutes that apply to the reader’s particular business and the requirements of those statutes. See DOL website. The stated purpose of the Adviser is to allow employers to
The ADA Does Not Protect Employees with Potential Disabilities
This issue arises every so often. An employee has a serious illness and is warned by her doctor that stress at work worsens the illness. Is that a disability? Not according to caselaw under the old (ie, pre-amendment) Americans with Disabilities Act. In one case, the client was warned that her hypertension would worsen if
Stray Remarks Doctrine Still Lives
This is what is wrong with federal judges when it comes to employment law. In a recent deicison, the Fifth Circuit applied the discredited "stray remarks doctrine." Of course, a defense employment lawyer notes the application approvingly. See post. In Jackson v. Cal-Western Packaging Corporation, the Fifth Circuit Court of Appeals (federal)
San Antonio Law Firm Provides Documents
I wrote previously about a San Antonio law firm that refused to provide documents requested by the EEOC. The EEOC even filed suit in federal court to get those documents. Well, the Malaise law firm thought better about it and provided the requested documents, after all. Russ Cawyer reports that the EEOC moved to
Fourth Circuit Overturns Summary Judgment
The Fourth Circuit Court of Appeals (federal court) covers the Carolinas, Virginia, Maryland and West Virginia. The Fourth Circuit and the Fifth Circuit (Texas, Louisiana and Mississiippi) are the two most conservative courts of appeals in the country. So, it is news when the Fourtth Circuit overturns summary judgment in favor of the employer. In
Overt Discrimination in Paris, Texas
The EEOC has found reasonable cause to believe there is overt racial discrimination at a plant in Paris, Texas. Paris is in deep East Texas, more Southern than Western in its culture. The EEOC is seeking to conciliate the matter. See report. The EEOC found that black workers were routinely subjected to racial slurs