Supreme Court held under ministerial exemption church firing of teacher who is "minister" is not subject to employment discrimination law. ... (Continue reading)
The Supreme Court held that under some circumstances a friend or relative of an employee who complained of discrimination may pursue a claim that they suffered retaliation because of that complaint -- despite not having been the one who made... (Continue reading)
As we returned from the Memorial Day holiday on May 27, 2008, we were greeted by a pair of Supreme Court decisions with a similar theme: whether a law prohibiting a type of employment discrimination should be interpreted to also... (Continue reading)
I have twice written on the background leading to last week’s Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. White, the retaliation case involving a female forklift driver: “High Court to Hear Workplace Retaliation Case” “Supreme... (Continue reading)
Often I read a new decision by a federal court of appeals and the outcome seems to be such an obvious application of well-established principles of employment law that I wonder why the case was even appealed. In significant part,... (Continue reading)
Yesterday, the Supreme Court heard oral argument in Burlington Northern & Santa Fe R. Co. v. White, which we previewed in an earlier post, when the Court granted cert. At that time, I was commenting based on media reports on... (Continue reading)
A recent case decided by the 8th Circuit U.S. Court of Appeals illustrates what a high stakes gamble an employment case trial is for both sides. A wide range of outcomes are possible. These include a defense verdict that is... (Continue reading)
Although written with corporate counsel in mind,these 6 important items about employment law seem to be relevant to any HR manager or even line manager, for that matter. In what I think is a nicely written employment law article from... (Continue reading)
Hopefully, this week’s update brings a little something for everyone, starting with this delightful winter photo entitled “A Snow Angel.” This great pic attracted many comments on flickr, including: “It brings me right back to being a small child bundled... (Continue reading)
The Supreme Court has granted certiorari in a retaliation case involving the Burlington Northern & Santa Fe Railway. As reported by Linda Greenhouse of The New York Times, the case raises the issue of whether transferring a woman working in... (Continue reading)
Retaliation claims go with discrimination charges like ______ ? goes with _______ ? Well, I’m not too sharp with the analogies this morning. But the point is that a retaliation claim is a frequent accompaniment to a discrimination claim, sometimes... (Continue reading)