Tag: employment

Minimizing Conflicts Over Workplace Diversity

The American workplace is changing. There are more women, minorities, immigrants, nonimmigrant contract workers, non-English-speaking or limited-English-speaking workers, and older workers in the workforce today. Those employees have different needs, expectations, and skills that present many challenges for management. You must not ignore those differences. Ignoring them simply leads to confusion, conflicts, and eventually discrimination […]

Heterosexual PR Contractor May Have Suffered Antigay Discrimination

By Terence H. McGuire Recently, a federal district court in New York ruled that a worker retained to perform public relations and other promotional services for a clothing manufacturer could proceed to trial on claims under the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) that he […]

Employing Developmentally Disabled Can Be a Win-Win

Individuals with serious disabilities encounter many difficulties when attempting to enter the workforce. They may have physical or mental deficiencies that make it difficult, if not impossible, to become competitively employed. There are, however, incentives and exceptions to normal workplace rules that “even the playing field” for employees and employers alike. Undoubtedly, many employers think […]

Bathroom Etiquette Should Not Influence Hiring

By Robert P. Tinnin, Jr. Q: This morning I interviewed an applicant for a clerical position in our company. She appeared to be an attractive, personable young woman and was very engaging during the interview. However, I soon learned that “she” is really a “he,” at least anatomically. She told me she is preparing to […]

Supreme Court Makes Pivotal ADEA Decision

By Natalie Ramsey In a 5-4 decision, the U.S. Supreme Court recently rejected the mixed-motive framework for disparate treatment claims filed under the Age Discrimination in Employment Act (ADEA). In reaching this pivotal decision, the Court made it clear that the analysis for age discrimination isn’t subject to the one-size-fits-all mixed-motive analysis applied in Title […]

When Employees Act Fishy

Tonight we revisited the episode “Heavy Competition,” which is rife with the kind of employee misconduct that keeps us lawyers busy. Last time we looked at this episode, we talked about trade-secret violations as well as Dwight Schrute’s personal liability for his bizarre antics, which included placing a dead fish in an air-conditioning vent in […]

Who Owns the Inventions of an Entreprenerd?

Tonight featured two more repeats of The Office. Summer is great, well, except for the TV (come on, is NYC Prep really giving you your fix?). Since I figured we pretty much covered everything blogworthy in those episodes when they first aired, I turned to the show’s official website for inspiration this week. NBC’s fun […]

New Supreme Court Ruling Rocks the Title VII World

The U.S. Supreme Court ended its 2008-2009 term in dramatic fashion when it released its decision in a highly anticipated and controversial reverse discrimination case. Although the case had been in the media since it reached the Supreme Court, it became even more intensely scrutinized once President Barack Obama chose Judge Sonia Sotomayor as his […]

Mass Audit Notices from ICE Evidence of New Immigration Tactic

U.S. Immigration and Customs Enforcement (ICE) is calling its decision to audit hiring records at 652 businesses nationwide a “bold, new audit initiative” that utilizes inspections as one of the most powerful tools the federal government has to enforce employment and immigration laws. ICE issued Notices of Inspection to the 652 employers on July 1 […]