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April 27, 2012 |

EEOC Rules That Title VII Applies to Gender Identity Claims

A former male police officer applied for and was offered a job with a federal government agency, which was then rescinded days after the agency was informed the job applicant was transitioning to female.
5 minute read
July 26, 2013 |

Time to Abolish Summary Judgment in Employment Law Cases?

One of the benefits of this column is that for the last five years, once a month, I get to review, analyze and (sometimes) critique a recent employment law decision. Reviewing court decisions and case summaries affords me the opportunity to wrestle with logic and reason and apply it to real-life scenarios.
6 minute read
September 26, 2011 |

ABA Opinions Clarify Ethical Obligations in E-Mail Interception

Recent judicial decisions have defined how employers should monitor employees' computer and phone usage, notes attorney Jeffrey Campolongo. On Aug. 4, the ABA Standing Committee on Ethics and Professional Responsibility issued two opinions that address attorneys' ethical obligations concerning these issues, based on the ABA Model Rules of Professional Conduct.
4 minute read
September 27, 2013 |

When Is Application of 'Sham Affidavit' Doctrine a Sham?

One of the more difficult issues a district court judge faces is whether to apply something known as the "sham affidavit" doctrine when reviewing a summary judgment motion under Federal Rule 56.
7 minute read
December 28, 2012 |

A Year-End Look at Employment Law From a National Perspective

Employment law has seen some significant developments over the past year, and based upon the U.S. Supreme Court's current docket, we can anticipate some interesting decisions and developments in the upcoming year.
5 minute read
June 28, 2013 |

Unpaid Movie Production Interns Strike Back With Suit

Black Swan and 500 Days of Summer are both known as good movies, and the unpaid interns working for the production company probably have some good memories of their involvement.
6 minute read
March 23, 2012 |

Keeping Criminal Background Checks in Check

It is no secret that many employers commonly ask about criminal background information during employment application processes, and doing so is not in itself illegal. The effect of screening out those with criminal or even arrest records, however, has been shown to be disproportionately discriminatory toward African-Americans and Latinos. Under Title VII of the Civil Rights Act of 1964, it is unlawful to exclude individuals from employment because of their race or national origin. By requesting criminal background information, employers are at risk of unlawfully discriminating against minorities, even if that is not their intention.
7 minute read
April 26, 2013 |

Deafness as a Disability: A Discussion of the ADAAA Principles

In 2008, Congress undertook a task that was over 20 years in the making. The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was supposed to signal a new way for federal courts, judges, lawyers and litigants to evaluate disability claims.
6 minute read
May 25, 2012 |

France Repeals Sexual Harassment Law for Being Too Vague

The children's lyrical rhyme "I see London, I see France ... " has taken on a whole new meaning.
5 minute read
February 22, 2013 |

Court Cautions Not 'Cheapening' Fee Petition for Prevailing Plaintiffs

I recently had the pleasure of reading an opinion from the Eastern District of Pennsylvania refusing to "cheapen" an attorney's fee petition, citing the successful plaintiff's award as an "essential part of enforcement of our civil rights laws."
6 minute read

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