Blog Archives

Can Public Schools Ban “I Can’t Breathe” T-Shirts?

Citing safety concerns, Fort Bragg High School, a public high school located in Mendocino County CA, decided on December 26, 2014 to ban athletes from wearing t-shirts with the slogan “I Can’t Breathe” – the words uttered by Eric Garner, who died while being arrested in Staten Island. The decision was made in advance of […]

Can Saks Fifth Avenue Legally Discriminate Against Transgender Employees?

Saks Fifth Avenue’s latest fashion trend is receiving mixed reviews from critics across the nation. According to a discrimination and retaliation complaint filed in the U.S. District Court for the Southern District of Texas by Leyth O. Jamal, case number 4:14-cv-02782, employees of the corporation allegedly harassed Jamal due to her transgender status, refused to […]

Department of Justice Switches Sides: Title VII Now Prohibits Transgender Discrimination

On December 18, 2014, Attorney General Eric Holder, in an unanticipated move, revised the Department of Justice’s (“DOJ”) interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), which makes it unlawful for employers to “discriminate against any individual…because of…sex….” Specifically, in a memo to all United States […]

When Being Ethical Pays Off – Countrywide Whistleblower Gets $56.7 Million Payout

A former executive at mortgage lender, Countrywide Financial, is about to become an extremely wealthy man.  Edward O’Donnell is set to collect $57.6 million from Bank of America, for his role in exposing fraudulent activity at the firm. O’Donnell filed an earlier false-claims lawsuit that accused Countrywide Financial, which is now owned by Bank of […]

The NLRB Not ‘Lovin’ McDonald’s Employment Practices

The National Labor Relations Board (“NLRB”), a federal agency that resolves employee-management disputes in the private sector, has accused McDonald’s and some franchise owners of violating workers’ rights by retaliating against them for taking part in fast food protests. Several complaints filed by the NLRB’s general counsel’s office allege that McDonald’s and franchise owners subjected […]

U.S. Department of Education Finds Harvard Law School To Be In Violation of Title IX

It may seem hard to believe – but even one of the most prestigious law schools in the country got mixed in the U.S. Department of Education’s recent crackdown on campus sexual misconduct. On Tuesday, December 30, 2014, the U.S. Department of Education’s Office of Civil Rights (“OCR”) sent a letter to Harvard Law School announcing […]

Rolling Stone Retracts UVA Article Detailing Alleged Gang Rape

We previously reported that on November 19, 2014, Rolling Stone published an article titled “A Rape on Campus” by Sabrina Rubin Erdely. The article offers a brutal account of an alleged sexual assault of a freshman student, who is referred to as “Jackie” in the article, by seven men inside a fraternity house at the […]

Changing Times – A Guide to the Proposed Amendments to the Federal Rules of Civil Procedure

Over the past two years, litigants have faced significant changes to the Federal Rules of Civil Procedure that are critical to navigating the federal litigation landscape, including rules covering discovery, case management, and preservation of electronically stored information (“ESI”).  These changes, which the Judicial Committee on Civil Rules (“Advisory Committee”) first explored at a May […]

The Pregnancy Discrimination Act – Granting Equal Rights to Being Treated Poorly?

In 1978 Congress enacted the Pregnancy Discrimination Act (“PDA”) to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.  Why then in 2014, over forty-five years later, is the Supreme Court deciding a case about a pregnant women being discriminated against in the workplace for […]

University of Virginia Suspends All Fraternities Amid Report of Sexual Assault Allegations

Just days after Rolling Stone published an article detailing the alleged sexual assault of a freshman student by seven men inside a fraternity house, the President of the University of Virginia, Teresa A. Sullivan, in a somewhat unconventional move, has decided to suspend all fraternities and related activities. The article, written by Sabrina Rubin Erdely, […]