Monthly Archives: April 2012

Ministerial Exception Interpreted in Ohio Employment Discrimination Case

The Supreme Court held 9-0 in Hosanna-Tabor Evangelical Lutheran Church and School v. U.S. Equal Employment Opportunity Commission that the Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws. The Court also held that because the respondent […]

The Problem with At-Will Firing and Wearing the Color Orange

In the United States, employees without a written employment contract can be fired for good cause, bad cause, or no cause at all. Florida, like many other states, is an at-will state. This means the employer can terminate the relationship at any time, leaving the employee with very limited legal rights to fight against termination. […]

NLRB Union Poster Rule Struck Down in U.S. District Court

 Judge David Norton of the U.S. District Court of South Carolina ruled that the National Labor Relations Board (NLRB) exceeded its congressional authority when it issued a rule that required employers to post notices that detail workers’ right to unionize, and penalized non-compliant employers. The NLRB rule requires employers to post an 11×17 inch notice […]

DC Whistleblower Case May Come To an End After a Decade

Recently the District of Columbia asked a Washington federal court to grant summary judgment in its favor in a False Claims Act lawsuit that was brought nearly a decade ago by Theresa Weston Saunders, a former employee in its Office of the Chief Technology Officer.  According to the motion, Saunders failed to show how the […]

NCAA Sanctions Against Baylor University

The best year of athletics for Baylor University has come to an end with possible NCAA sanctions on the way. An NCAA investigation, that began in 2008, into Baylor’s Men’s and Women’s basketball programs revealed that the Men’s coach, Scott Drew, the Women’s coach, Kim Mulkey, and their assistants, were involved in over 1,200 impermissible […]

Women’s Employment is Pivotal in 2012 Election

The state of the economy is always a pivotal issue in a Presidential election year, and this year is no different.   Candidates are well aware of this and as we draw closer to the November election each candidate has begun to devote more time to stump speeches that address topics ranging in scope from taxes […]

UPDATE: Maryland Protects Employees’ Facebook Password Privacy

The Maryland State Senate unanimously passed a bill titled, “Labor and Employment – Username and Password Privacy Protection and Exclusions.” If Governor O’Malley signs it, Maryland will become the first state to prohibit employers from requiring potential candidates to provide passwords to their Facebook accounts. The bill, which “Prohibit[s] an employer from requesting or requiring […]

President Obama Refuses to Issue Ban on Gay Discrimination

President Obama has refused to issue an executive order that would have prevented federal contractors from discriminating against employees and potential employees, based on their sexual orientation or gender identity. Given the upcoming election, gay activists have accused the President of valuing his own political career over the civil liberties of Americans. Tico Almeida, the […]

HuffPo: Undocumented Workers Have ‘Negligible’ Impact on Wages

Hear that? That’s the sound of holes being poked in one of the most common arguments for pushing undocumented workers out of America. Undocumented workers have a “negligible impact” on the wages of documented workers that work at the same firm, according to a paper released in March by the Federal Reserve Bank of Atlanta. Documented […]

District Judge Allows Sex Discrimination Class Action Against Bayer to Proceed

Last week, New Jersey U.S. District Judge Dennis Cavanaugh denied Bayer Corp.’s motion to strike class allegations and partially dismiss Barghout’s (plaintiffs’) amended second complaint in a $100 million sex discrimination suit. Despite presenting a strong legal analysis regarding potential problems with class certifications, Judge Cavanaugh ruled that Bayer’s argument (that the allegedly amorphous claims […]