Tag: EEOC
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In-House Counsel, Labor / Employment
From Bathrooms To Body Art: Emerging Issues In Employment Law
It's hard out here for an employment lawyer. -
Morning Docket
Morning Docket: 10.04.16
* “[G]reed is not a component of the law of fiduciary duty anywhere.” Donald Trump’s campaign may have claimed he has “a fiduciary responsibility to his business, his family and his employees to pay no more tax than legally required,” but legal experts found that assertion pretty laughable, seeing as there’s no such thing as a fiduciary duty to oneself. [DealBook / New York Times]
* An attorney who serves as an advisor to the ABA’s Standing Committee on Gun Violence says he accidentally shot and killed his wife when his gun went off after hitting a speed bump. He claims he had the gun out because they were in an area where Black Lives Matter protests had been held and was afraid they were about to be carjacked. [People]
* For the first time since the days of Abraham Lincoln, the Supreme Court opened its new term with a vacancy on the bench certain to be filled in the upcoming presidential election. Without the late Justice Antonin Scalia’s voice, the Court is left split along ideological lines, with four conservative justices and four liberal justices. [Reuters]
* According to Chief Justice John Roberts, “judges are not politicians, even when they come to the bench by way of the ballot,” but that doesn’t mean elected judges behave as judicially as they’re expected to when retention elections are near. In fact, “[a]ll judges, even the most punitive, increase their sentences as re-election nears.” [New York Times]
* The EEOC has filed a suit against Denver Law, alleging that female full-time professors are paid less than their male counterparts. Nine female professors work at the school full-time, and on average, they’re paid about $20K less than full-time male professors. Denver Law says it stands by its “system of evaluation and merit pay.” [Denver Post]
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Non-Sequiturs
Non-Sequiturs: 03.01.16
* It really isn’t okay that there are children that go hungry. Harvard Law student Thomas Tobin knows there is something that can be done to alleviate the problem. [Arkansas Online]
* The Supreme Court rejected requests for expedited audio in today’s two big cases: Whole Woman’s Health v. Hellerstedt and U.S. v. Texas. When are we going to be able to force them to put cameras in there and be done with it? [Fix the Court]
* Are the lawyers to blame for the giant Sharp / Foxconn deal falling through at the last second? And what can be done to salvage it? The clock is ticking and stock prices are falling. [Quartz]
* Remember a few months ago when Republican governors were all butthurt about Syrian refugees? U.S. District Court Judge Tanya Walton Pratt ruled Indiana Governor Mike Pence was way outta line about the whole mess. [Wonkette]
* The EEOC is going after employers that discriminate on the basis of sexuality, saying such actions are banned under Title VII of the Civil Rights Act. About time. [Buzzfeed]
* Looking back at one of the worst Supreme Court decisions of all time to understand how important filling Justice Scalia’s seat really is. [Huffington Post]
* A Sikh officer in the Army is suing, complaining his religious observations have subjected him to increased testing. [New York Times]
* For those of you who missed last week’s event at NYU Law, here’s video from “Love, Law, and… Clerkships,” featuring Professor Barry Friedman, Judge Alison Nathan (S.D.N.Y.), and our very own David Lat. [YouTube]
https://www.youtube.com/watch?v=vjX6wLQmMIM&index=1&list=PLBC7DDA1DA3578169
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Law Schools
Law School Slammed By EEOC For Discriminating Against Female Professors -- Potential $1.2 Million In Damages
The EEOC finds a pattern of gender inequality dating back to at least the 70s. -
Gay, Labor / Employment
Magic Bureaucrat Extends Gay Rights To The Workplace
Who needs a judge or a law to protect a whole new class of people? -
Asians, Fabulosity, Pro Bono, Public Interest
Congratulations To AEF On A Wonderful Benefit Dinner
A judge and a community leader shared their thoughts on public service at AEF's benefit dinner last week. -
Technology
Top 10 Technology Blunders for Employers
As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty of technology issues that an employer should look out for. Are you guilty of any of these top ten technology blunders that are either committed or allowed by employers? Blunder No. 1: Recruiting or hiring employees using “coherent people profiles” assembled by aggregators like Spokeo. -
In-House Counsel
Implementing An Employee Wellness Program? Be Careful - The EEOC Is Interested
According to recent studies, over 90% of employers offer some type of wellness incentives to their employees. This is a significant jump from 2009 when only a little over half of employers had employee wellness programs, and the Equal Employment Opportunity Commission (“EEOC”) is taking note. In the last two months, the EEOC has filed two lawsuits against employers related to their company wellness programs. - Sponsored
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Billable Hours, Crime, Non-Sequiturs, Police, Racism, Small Law Firms, Solo Practitioners, Television, United Kingdom / Great Britain
Non-Sequiturs: 08.28.14
* Here’s the international sign for “don’t urinate in public.” Glad to know we needed a sign for this. [National Review] * An illegal hostile work environment is created when coworkers wear confederate flag T-shirts. Because… obviously it is. Professor Volokh thinks this is unconstitutional. Apparently a document drafted by white slaveholders is set up […] -
Labor / Employment, Religion
Workers Forced To Tell Bosses 'I Love You' To Honor Onionhead God, Says EEOC
Until yesterday, I thought Onionheads were fans of The Onion. It turns out Onionheads are a religion whose beliefs sound like something from The Onion. -
5th Circuit, Labor / Employment
Is There Anybody Left We Can Harass At Work?
You know the PC police have won when ironworkers are suing over mean words. -
California, Minority Issues, Racism, White People
Lawsuit Claims Target's Sensitivity Training Is Just As Racist As Target's Regular Behavior
When is sensitivity training so remedial that it becomes racist in itself? -
Defamation, Guns / Firearms, Harold Baer, International Law, Non-Sequiturs, O.J. Simpson, Technology, Television, Texas
Non-Sequiturs: 05.10.13
* Texas law student/international small-arms dealer Cody Wilson got shot down (pun!) days after revealing a fully security-proof 3D printable gun. The State Department pointed out that Wilson seems to be violating all manner of international arms agreements, which was pretty obvious when he went on video boasting about how his weapons were being used in hotbeds of civil strife. [Foreign Policy: Passport] * The Juice may soon be loose! But probably not. O.J. Simpson has a hearing seeking a new trial in Vegas and blaming his former lawyer, Yale Galanter. Best part? Simpson claims Galanter approved the whole “armed, threatening confrontation” plan beforehand. Oops. [FOX News] * Michael Arrington, a lawyer and "one of the most powerful people on the Internet," is suing his ex-girlfriend for defamation. The complaint compiles some pretty salacious claims that she made via social media. [Valleywag] * Just when you thought being an unpaid intern couldn’t be sadder, Judge Baer makes it sadder. [Fashionista] * The “Thug’s Lawyer” got a reprieve when a judge tossed his indictment for conspiracy, obstruction of justice, theft, and perjury. [The Advocate] * The EEOC filed suit against a Miami company that required its employees to become Scientologists. In other news, someone actually thought they could get away with making all their employees join the Church of Scientology. [Lowering the Bar] * The history of the Madison Avenue IPOs alluded to in last week’s Mad Men. [DealBook]
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Affirmative Action, Biglaw, Defamation, Labor / Employment, Lawsuit of the Day, Minority Issues, Partner Issues, Privacy, Racism
Lawsuit of the Day: Fifty Shades of Ropes & Gray
Let's take a closer look at former Ropes & Grey associate John H. Ray III's newest complaint against his old firm— as well as an interesting Above the Law shout-out featured within the document... -
Crime, Free Speech, Gay, Gay Marriage, India, Labor / Employment, Morning Docket, Murder, Violence
Morning Docket: 07.31.12
* Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News]
* An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog]
* James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service]
* The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters]
* India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter]
* Chick-fil-A, free speech, zoning laws, and homophobia — all thrown together onto a failure pile in a sadness bowl. Noted First Amendment lawyer Marc Randazza, counsel to ATL, takes to CNN to educate the masses. [CNN]
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Disability Law, Fat People, Labor / Employment, Texas
You Can Be Fired for Being Too Fat, But You Might Collect a Fat Settlement Check, Too
Can you be fired for being too fat? Check out this portly person's settlement check.... -
Gender, Gloria Allred, Hotties, Media and Journalism, Nude Dancing, Texas, Women's Issues
Diary Lawsuit of an Angry Stripper: Sexy Reporter Allegedly Fired for Moonlighting as an Exotic Dancer
What happens when you lose your job as a journalist because you've been moonlighting as a stripper? You sue. -
Fat People, Lawsuit of the Day, Minority Issues, Racism
You Can Sue People For Making Fat Jokes About Black People? WHY WASN'T I INFORMED OF THIS???
Hey, hey, hey! Earl Brown, a former AIG lawyer, claims he was discriminated against because his boss kept making Fat Albert jokes about him. -
3rd Circuit, American Bar Association / ABA, Barack Obama, Biglaw, Constitutional Law, Federal Government, Free Speech, Guns / Firearms, Legal Ethics, Money, Morning Docket, Old People, Politics, Pornography
Morning Docket: 04.18.12
* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]
* Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]
* Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]
* The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]
* “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]
* Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]
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Biglaw, Labor / Employment, Old People, Partner Issues
Kelley Drye Case Makes It Even Harder to Tell Old People to Go Away
Is there no legal way to make old people go away?