Author: Diversity Insight

Juggling Act: When Work and Special-Needs Parenting Collide

By Tammy Binford It’s often easy for employers to be understanding when workers occasionally need to duck out of work early for a meeting at school or a trip to a child’s doctor. It happens to nearly every working parent once in a while. But what about an employee whose child has some kind of […]

Employers, Beware of Looming “Pattern-or-Practice” Charges

By Diane Pietraszewski The vast majority of all equal employment opportunity lawsuits are filed by individual employees or job applicants. The Equal Employment Opportunity Commission (EEOC) may file cases on behalf of individuals, but it rarely does so because of limited resources. To get more “bang” for its litigation bucks, the EEOC is increasingly turning […]

This Decision May Not Make the Grade

By Jeanine Poole It may seem that requiring a high-school diploma for a job is a correct answer. However, a recent “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that you may need to do more studying before making that choice. Background In October 2011, the state of Tennessee wrote the EEOC, […]

Calculating Damages from Misappropriation of Confidential Information

By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]

March: Women’s History Month

On March 8, 1857, women from New York City factories staged a protest over working conditions. In 1981, 124 years after that historic protest, Congress established National Women’s History Week to be commemorated the second week of March. In 1987, Congress expanded the week to a month. Here are some facts about American women from […]

State-to-State Conflicts in Employment Law

by Mark I. Schickman The National Labor Relations Act (NLRA) lists as one of its purposes the creation of a uniform national labor policy. That might have been the thought nearly 80 years ago when the NLRA was enacted, but it is the furthest thing from the truth today — as state-to-state conflicts in employment […]

Similarly Situated Employees Doesn’t Mean Identical, Seventh Circuit Says

by Jeffrey S. Beck Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can […]

Arm Chair Manager: What Sports Can Teach Us About Management

One of the reasons I enjoy sports is the human dynamic at work in every sporting endeavor. At different times and in different sports, an athlete may do battle with another competitor, the elements, or even with himself and his will. This fascinates me. What’s more, an athlete often has to deal with teammates, a […]

‘I Quit’: Risks of Assuming Resignation

By Kyla Stott-Jess and Gulu Punia A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it’s hard to know when an employee has quit in the eyes of the courts in Canada. And it can be expensive when you get it wrong. […]

That’s What Friends Are For

Litigation Value: Nothing much to speak of, although Dwight will hopefully value Jim a little bit higher now. Well, Dwight has a lot to thank Jim for after this week. I’d like to think that he might improve his attitude and behavior toward Jim — and the rest of the office, for that matter — […]