There are few workplace experiences more terrifying than when a boss abuses power and subjects a subordinate employee to sexual harassment. This power imbalance can make the employee feel like he or she has to tolerate the harassment, or worse, give in to these advances in order to keep the job or advance at the company. Thankfully, the law governing sexual harassment provides significant rights and legal protections in this scenario, and the … [Read more...]
Defenses to Employment Claims Don’t Always Focus on the Merits
Employment Attorneys representing plaintiffs in employment claims understandably focus on the merits of the underlying claim(s), looking for evidence that helps prove that discrimination or retaliation has occurred. While this is tremendously important, there are defenses which companies often assert which don’t relate to the merits of the case but can seriously limit the recoverable damages when the underlying claim is proven. This blog presents … [Read more...]
The Future of Mandatory Arbitration is in Doubt
On March 27, 2022, the US House of Representatives passed the Forced Arbitration Injustice Repeal (FAIR) Act, which now goes to the Senate for consideration. If signed into law, the FAIR Act would prohibit enforcement of arbitration agreements covering employment, consumer, antitrust or civil rights disputes. This would expressly cover employment discrimination claims, which are defined in the Act as civil rights disputes. The Fair Act … [Read more...]
Non-Compete Agreements Are Under Attack and Face an Uncertain Future
Post-employment restrictive covenants have been under unprecedented attack, legislatively and in litigation, in recent years. These restrictions include non-compete, non-solicitation, and other confidentiality/trade secret obligations. Courts have always considered these restrictive covenants to be “disfavored” under the law as an attempt to restrain trade, free employment mobility and competition, and therefore scrutinize these obligations … [Read more...]
The Impact of COVID-19 on Disability Protections
As the effects of the COVID-19 pandemic persist and employers struggle with both enforcing mandatory vaccination requirements and planning for return to work scenarios, many employees have questions and need guidance on when contracting COVID-19 qualifies as a disability, and what protections and/or accommodations an employer must provide when otherwise requiring employees to return to work. While there are often no “one-size-fits all” answers … [Read more...]
