Labor Days
What’s Good for the Goose Is Good for the Gander: The Supreme Court’s Decision in Young v. UPS
Does an employer have to offer a pregnant employee exactly the same physical accommodations as it does to “other” employees? Which “other” employees? And how many “other” employees? In a case involving the Pregnancy…
Email Once Again Shows its “Ugly” Side
Ferguson, Missouri remains in the news, with the arrest on Sunday of a suspect in the shooting of two police officers. The shooting came on the heels of a report released by the Department of Justice (“DOJ”) that…
The Day of the Woman – Maybe Not at Kleiner Perkins
On Monday, March 9, one day after we all celebrated International Women’s Day, Ellen Pao, a Harvard-trained lawyer, took the stand in her sexual harassment trial against venture capital firm Kleiner Perkins in…
Court of Appeals Dismisses EEOC Appeal of Background Check Suit, Faulting Agency Process
In the appeal of a lawsuit brought by the EEOC over a Texas employer’s use of background checks in the hiring process, Equal Employment Opportunity Commission v. Freeman, the Fourth Circuit Court of Appeals slammed…
Publically Traded Companies Beware: An SEC Filing Can be Evidence of an Adverse Employment Action in a Claim of Retaliation
A Title VII plaintiff can prove retaliation using either the direct or indirect method. Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected activity; (2) that she was…