The First Amendment and workplace discrimination commonly intersect when an employee claims unlawful retaliation, suspension, or termination based upon the employee’s exercise of an ostensible right to free speech and expression. Dr. Teresa Buchanan was a tenured professor at Louisiana State University where she taught in the Early Childhood Program for teacher education before she […]
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Blog Title: Commercial Litigation
Employees Are Not Barred from Bringing Discrimination Suits Against Employers for Failing to Properly File A Charge with the EEOC
June 14, 2019
For years, courts have been split on whether they could hear an employee’s discrimination claim if the employee failed to properly file a charge with the U.S. Equal Employment Opportunity Commission (the “EEOC”). The Supreme Court of the United States recently settled this debate. In Fort Bend County v. Davis, the Supreme Court held that […]
Harvard’s First African-American Faculty Dean Let Go Amid Harvey Weinstein Controversy
June 10, 2019
Following months of protest and inquiry, Harvard University announced that it will not renew the appointments of Ronald S. Sullivan Jr., a high-profile defense lawyer who had joined Harvey Weinstein’s legal team, and Stephanie R. Robinson, Sullivan’s wife, as faculty deans of Winthrop House, an undergraduate residential college. The couple – Harvard’s first African-American faculty […]
EEOC Sues Nursing Center for Pregnancy Discrimination
March 26, 2018
The U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against Century Care of Laurinburg, Inc., doing business as Scottish Pines Rehabilitation & Nursing Center (“Scottish Pines”) for sex discrimination alleging that the center failed to accommodate two pregnant nursing assistants. According to the EEOC’s lawsuit, in November 2014, Mary Jacobs, was placed on unpaid […]
Former Yale Student Found Not Guilty in Rape Trial
March 26, 2018
A New Haven, Connecticut jury recently found a former Yale University student not guilty of raping his classmate. This much publicized case is among the small percentage of campus sexual misconduct cases that have actually made it to trial. In 2015, Yale University student, referred to as Jane Doe, accused Saifullah Khan of raping her […]
California Supreme Court finds GrubHub Drivers to be Independent Contractors
March 6, 2018
Recently, in a very telling decision, a federal Magistrate Judge found that drivers for GrubHub Inc. (“Grubhub”) are independent contractors and not employees. In doing so, U.S. Magistrate Judge, Jacqueline Corley, found that gig-economy drivers do not qualify for the protections of employees under California state law. Employee Raef Lawson, brought this claim against Grubhub, […]
Second Circuit finds Title VII protects against Sexual Orientation Discrimination
March 6, 2018
Last week, the Second Circuit held that Title VII, which protects against discrimination in the workplace on the basis of sex, includes discrimination on the basis of sexual orientation. Notably, the Second Circuit is only the second court in the country to do so. While Title VII forbids discrimination in the workplace based on “race, […]
Getting Ahead of the EEOC’s New Sexual Harassment Guidelines
January 29, 2018
The Equal Employment Opportunity Commission (“EEOC”) recently announced that it would be updating its guidelines on workplace sexual harassment for the first time since the 1990s. The announcement comes on the heels of the “Me Too” movement and at a time when sexual harassment is squarely in the public spotlight. Within the past few years, […]
Is Your Sexual Harassment Training Working?
January 26, 2018
The majority of companies today provide some form of sexual harassment training for their employees. This training is intended to help eliminate, or at least reduce, workplace sexual harassment by educating employees on what constitutes sexual harassment and how it can be prevented. However, studies have shown that sexual harassment training is actually not as […]
New York State Paid Family Leave and Minimum Wage Updates for 2018
January 19, 2018
New York Paid Family Leave As of January 1, 2018, New York private employers must offer Paid Family Leave to their employees. The Paid Family Leave Act allows workers to take paid leave in order to: care for a new child, provide care for a family member with a serious health condition, or when a family […]