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  • Monthly Archives: January 2015

    Let It Snow, Let It Snow, Let It Snow: What Employers Should Remember When Bad Weather Hits

    In addition to bringing nearly two-feet of snow, Winter Storm Juno has also brought a gust of wage and hour issues for employers. Unfortunately, it is likely not the last time this winter that employers will have to consider whether employees who do not attend work due to inclement weather must be paid. By way […]

    U.S. Supreme Court Addresses Disparate Impact Liability Under the Fair Housing Act

    On January 21, 2015, the U.S. Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Docket No. 13-1371, a case that focuses on whether claims based on policies and decisions that are not facially discriminatory, but have a disparate impact on a particular race, can be […]

    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 […]