Employment & Labor Insider

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Category Archives: Discrimination

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Faruqi sex harassment verdict is in! Marchuk wins, to an extent.

Posted in Defamation, Discrimination, Harassment, Sexual Torts
Law360 reports this afternoon that the jury returned a verdict for Alexandra Marchuk and against defendants Faruqi & Faruqi, LLP, and partner Juan Monteverde. The jury awarded her $90,000 in actual damages, and punitive damages will be determined later. She had asked for $2 million. Ms. Marchuk won on her hostile work environment claim under [&hellip… Continue Reading

Feb. 3 at Faruqi sex harassment trial: It’s up to the jury now

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here. In closing arguments, the attorney for the defendants called Ms. Marchuk a “wolf” and said she had made up her allegations to get [&hellip… Continue Reading

Jan. 29 at Faruqi sex harassment trial: Your honor, please reconsider!

Posted in Defamation, Discrimination, Evidence, Harassment, Sexual Torts
As expected, Law360 reports this morning that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be dismissed from her lawsuit as individual defendants. She also requested reconsideration of the court’s decision granting judgment to the [&hellip… Continue Reading

Employers, don’t be caught in the “bogus RIF” trap!

Posted in Discrimination, Evidence
I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal — “Employee Theft Often Leads Small Firms to Make Bad Choices” — as advising the “bogus RIF” strategy with employees who are suspected of theft. Talk about bad choices! What’s the “bogus RIF” strategy? That’s [&hellip… Continue Reading

Jan. 28 at Faruqi sex harassment trial: The defense rests.

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The defense completed its case yesterday at the trial of Alexandra Marchuk’s sexual harassment claims against the New York City law firm of Faruqi & Faruqi and partner Juan Monteverde. Prior coverage of the trial is available here, here, here, and here. Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not [&hellip… Continue Reading

Jan. 27 at Faruqi trial: No “spoliation” of blood-stained carpet, judge says

Posted in Discrimination, Evidence, Harassment, Sexual Torts
January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained carpet in Juan Monteverde’s office. Judge Hellerstein noted that Ms. Marchuk admitted in her trial testimony that she asked Mr. Monteverde to hide the [&hellip… Continue Reading

Another employer pays for “Sorry, I can’t go”

Posted in Americans with Disabilities Act, Discrimination, Drug Testing, Transportation Industry
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs. The candidate had end-stage renal disease. Now, Kmart has [&hellip… Continue Reading

What do employees want? A warm and fuzzy post

Posted in Corporate Culture, Discrimination, Work-Life Balance
Do nice guys really finish first? Yesterday morning, I tweeted a thought-provoking article by Travis Bradberry in Forbes on “Why Your Boss Lacks Emotional Intelligence.” According to the article (and no big surprise), a study found that people in higher management and executive level positions have less emotional intelligence than lower-level managers because in those upper-level [&hellip… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state [&hellip… Continue Reading

Year-end employment law roundup — happy 2015!

Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour
NOTE: On January 15, this post was updated and one correction made (see “Nipped in the bud” and “Jury clobbers Catholic diocese,” below).  Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially [&hellip… Continue Reading

Christmas won’t be merry for these employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Harassment, Labor Relations, Lactation, Pregnancy, Wage-Hour
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!  Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he [&hellip… Continue Reading

Employment law advice you should never follow

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, Pregnancy, Retaliation, Safety, Violence
Employers, if you’re getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer. “Never give in on unemployment.” This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to [&hellip… Continue Reading

Planning your workplace holiday party? Read this first!

Posted in Discrimination, Harassment, Safety, Sexual Torts, Uncategorized, Violence, Wage-Hour
Yeah, yeah – I know it isn’t even Thanksgiving yet, but you are planning your holiday party now, and you want answers to your burning questions while you still have time to do something about it. And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on “How [&hellip… Continue Reading

Racial talk at work? Beware of reverse discrimination.

Posted in Discrimination, Harassment
When I do harassment training, I ask my audiences whether they think employers should ban the “N” word even when it’s used by African-Americans among themselves. In my experience, the African-Americans in the audience have been the most vocal advocates for treating everyone equally in this regard. In other words, they argue, the word should [&hellip… Continue Reading

LGBT charges are rolling in, EEOC Commissioner says

Posted in Discrimination, Gender Identity Discrimination
Chai Feldblum, a Commissioner of the U.S. Equal Employment Opportunity Commission, recently presented an update on the EEOC’s handling of charges alleging sexual orientation and gender identity discrimination. At the meeting, reported this week in Bloomberg BNA, Commissioner Feldblum said that the EEOC is now tracking the intake and resolution of these charges, which I’ll [&hellip… Continue Reading

Halloween in the workplace? Bah! Humbug!

Posted in Discrimination, Harassment
When it comes to Halloween in the workplace, just call me Scrooge. A reader writes, Hi, Robin. I dread the prospect of employees coming to work in inappropriate Halloween costumes. I’ve seen costumes that are sexually provocative, or that reflect racial or ethnic stereotypes. Some people even say that employers shouldn’t have Halloween parties because [&hellip… Continue Reading

Eggs in the workplace

Posted in Discrimination, Pregnancy
No, not that kind of egg. This kind of egg:   Eggs – human eggs, aka ova – have been in the news this week. First, it was announced that Facebook and Apple will begin offering insurance coverage for female employees to freeze their eggs for later fertilization and implantation, a procedure that can cost as [&hellip… Continue Reading

A reader asks: “Is it me, or has job interviewing become really complicated?”

Posted in Americans with Disabilities Act, Discrimination, Pregnancy
Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent of the time, you should stay away from these topics in job interviews.) My post prompted one reader [&hellip… Continue Reading

An employer should never ask about disability or religion. Except when it should.

Posted in Americans with Disabilities Act, Discrimination
Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right? Right? Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception [&hellip… Continue Reading

The EEOC has been a busy bee this week. (It stings!)

Posted in Americans with Disabilities Act, Class actions, Discrimination, Employment Law Blog Carnival, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Settlements
The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some “wins” including a couple of big settlements . . . Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor [&hellip… Continue Reading