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Show: results per page Sort by:  | U.S. Supreme Court to Address Breadth of “Mixed-Motive” Theory — Does It Apply to Retaliation Claims?
Mark W. Freel, Barbara A. Lee; Edwards Wildman Palmer;
Legal Alert/Article February 22, 2013, previously published on February 2013 The U.S. Supreme Court will soon consider whether the “mixed-motive” theory of discrimination under Title VII, codified in the Civil Rights Act of 1991, applies to retaliation claims brought under Title VII, or only to discrimination claims. The issue before the Supreme Court is whether...
| | Who is a Supervisor? The Ball is Now in the Supreme Court’s Hands
Mark W. Freel, Barbara A. Lee; Edwards Wildman Palmer LLP;
Legal Alert/Article October 25, 2012, previously published on October 2012 Must an individual have the power to hire and fire, determine compensation, or demote an employee in order to be a “supervisor” for purposes of Title VII of the Civil Rights Act of 1964? Or is simply the power to direct an employee’s work sufficient to make an individual an...
| | New Ruling Allows Transgender Individuals to Claim Sex Discrimination Under Title VII
Barbara A. Lee; Edwards Wildman Palmer LLP;
Legal Alert/Article May 1, 2012, previously published on April 30, 2012 Although transgender individuals are protected from employment discrimination by law in sixteen states and the District of Columbia, and five more states prohibit such discrimination by government employers, federal nondiscrimination law does not explicitly prohibit discrimination against...
| | Is Facebook a "Friend" to Employers?
Barbara A. Lee, Timothy P. Van Dyck; Edwards Wildman Palmer;
Legal Alert/Article March 27, 2012, previously published on March 26, 2012 Between 80 and 90 percent of U.S. employers admit to using social media to vet applicants or to monitor current employees’ activities and postings. A growing number ask applicants for their Facebook or other social media passwords, or require that they log onto their social media account from...
| | Unpaid Internships: A Recipe for Litigation
Barbara A. Lee; Edwards Wildman Palmer;
Legal Alert/Article March 22, 2012, previously published on March 2012 College students—and even high school students—have sought internships for decades to provide valuable work experience and to fill out their resumes. The recent recession has forced many college graduates who once would have been in the paid workforce into internships, many of which are...
| | EEOC Expands Company-Wide Scrutiny of Hiring and Job Assignment Practices
Barbara A. Lee; Edwards Wildman Palmer LLP;
Legal Alert/Article January 25, 2012, previously published on January 2012 The federal Equal Employment Opportunity Commission (EEOC) recently announced that it plans to expand and devote additional resources to its “systemic discrimination enforcement initiative.” The EEOC’s Draft Strategic Plan for 2012-2016 builds on its “Systemic Enforcement...
| | AT&T Mobility Out the Window? National Labor Relations Board Rules that All Nonmanagerial Employees Must be Allowed to File Class Action Claims
Barbara A. Lee; Edwards Wildman Palmer LLP;
Legal Alert/Article January 12, 2012, previously published on January 2012 In a stunning blow for employers, the National Labor Relations Board (NLRB) ruled on January 6, 2012 that a provision of federal law that applies to all private sector nonmanagerial workers, whether or not they are represented by unions, prohibits employers from requiring employees to sign...
| | Supreme Court Backs Wal-Mart in Massive Sex Discrimination Case
Barbara A. Lee; Edwards Wildman Palmer LLP;
Legal Alert/Article June 22, 2011, previously published on June 2011 The Supreme Court has rejected the attempt of a group of 1.5 million current and former Wal-Mart employees to obtain certification for the largest-ever group of plaintiffs to sue an employer. Wal-Mart, the largest retailer in the world (with 3,400 stores globally), has been accused of sex...
| | Supreme Court Hears Oral Arguments in Largest Sex Discrimination Case in US History
Windy Rosebush Catino, Barbara A. Lee; Edwards Wildman Palmer LLP;
Legal Alert/Article April 4, 2011, previously published on March 2011 Wal-Mart, the largest retailer in the world (with 3,400 stores globally), has been accused of sex discrimination in its promotion and compensation policies by a group of female employees. The case, Dukes v. Wal-Mart Stores, was filed in 2001, and no ruling on the merits of the case have yet...
| | Supreme Court Rules for Employers and Upholds Constitutionality of Government Background Checks
Barbara A. Lee, Nancy H. Van der Veer; Edwards Wildman Palmer LLP;
Legal Alert/Article February 2, 2011, previously published on January 2011 On January 19, 2011, the U.S. Supreme Court issued its decision in National Aeronautics and Space Administration (“NASA”) v. Nelson, holding that, even if government contractors have a constitutional “right to informational privacy,” that right does not prevent the...
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