The U.S. 5th Circuit Court of Appeals (which covers Texas) recently issued a published decision, a rarity since most opinions are unpublished and therefore can’t be cited to courts as precedent. It was also a per curiam opinion, i.e., a three-judge panel decided the appeal but no particular judge took credit for writing it.
Tag: unlawful discrimination
The U.S. Supreme Court’s 6-3 decision prohibiting discrimination based on sexual orientation and gender identity is being hailed as a landmark ruling. But for many employers, it just formalizes the policies and practices they were already using, according to attorneys who focus on employment matters.
The National Labor Relations Board’s (NLRB) request for input on protection for employees who engage in profane and offensive speech signals that it may be considering a change in the factors it considers when determining if an individual’s comments go beyond what’s protected by the National Labor Relations Act (NLRA).
On August 12, New York Governor Andrew Cuomo signed into law substantial and far-reaching amendments to the New York State Human Rights Law (NYSHRL), the state statute that prohibits discrimination and discriminatory harassment. The amendments amplify laws that New York state enacted in 2018 to combat sexual harassment. Here are important facts about the amendments […]
by Shane Todd Can a Canadian employee sue an employer for harassment that is not related to a discrimination claim? The answer used to be “no.” But that’s changing. In most jurisdictions across Canada, an employee could sue or file a human rights application for harassment related to unlawful discrimination. An employee could file a […]
The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]
With summer officially upon us, we resume the daunting task of helping the search committee sift through the would-be successors to Michael Scott. Turning our focus to outside candidates, this post evaluates a man whose ego is as big as the state for which he is named: Robert California. Delivering a Walken-esque performance, James Spader‘s […]
By Richard L. Rainey We often tell clients that not all lawsuits are filed because an employee has evidence of discrimination or believes she was discriminated against. Rather, sometimes they’re filed because the employee thinks she was treated unfairly. That concept is illustrated in a recent case out of Durham. Background Iretha Lawrence, an African […]
by Karen Sargeant former of McCarthy Tetrault You have found the perfect employee. Your intuition tells you the candidate is exactly what you’ve been looking for. But will she really be the perfect employee? Reference and background checks are a good way to ensure that you have the right person for the job, but they’re […]