Employer that Failed to Countersign Arbitration Agreement Could Not Enforce It

​Takeaway: Where an arbitration agreement contained signature blocks for both the employee’s and the employer’s signatures, but the employer never signed it, the employer could not enforce the agreement.  ​ An employer... Read more »

Court Rules Employer Can’t Compel Arbitration in Sexual Harassment Case

​A former employee for Rivian Auto can take her sexual harassment and hostile work environment claims to court, and the company’s arbitration agreement cannot apply because the case involved allegations of sexual... Read more »

Court Upholds Religious School’s Firing of Unwed, Pregnant Teacher

​A Catholic school in New Jersey was within its rights when it fired a teacher who became pregnant outside of marriage, the state’s high court recently found. On Aug. 14, the New... Read more »

No Second Bite for Employer that Consented to Jury Ruling

​Takeaway: The most significant issue in this appeal involved a procedural ruling. But the facts of the case tell a cautionary tale of unchecked discriminatory behavior by an expert director of a... Read more »

Derogatory Music Played in Warehouse Might Have Been Unlawful

​Takeaway: The 9th U.S. Circuit Court of Appeals reversed a decision that dismissed a harassment claim against apparel wholesaler S&S Activewear for creating a sexually hostile work environment by letting employees and... Read more »

Public Employer Can Limit Employee Contact with Witnesses

​Takeaway: A public employer may impose restraints on the job-related speech of its employees that would be unconstitutional if imposed on the public.  ​A public utility did not violate the First Amendment... Read more »

Employee Can Go Forward with Claim of Racial Bias by U.S. Postal Service

​Takeaway: A Black applicant for a promotion who showed that she was arguably more qualified for the position than the white applicant who was selected raised an inference of racial discrimination and... Read more »

Bathroom Access Crucial for Workers with Disabilities

​Employees with disabilities sometimes struggle to use bathrooms at the workplace, even if the bathroom meets Americans with Disabilities Act (ADA) standards. Common complaints about workplace bathrooms include stalls that are too... Read more »

Don’t Shy Away from Tough Conversations When Firing Someone

​Silence isn’t golden when firing someone, legal experts say, although they add that employers should keep the explanation for the termination brief and consistent, and avoid debate. “A refusal to offer a... Read more »

Take Care with Last Chance Agreements

Last chance agreements provide workers facing discharge with a final opportunity to remain employed. Thus, the agreements need to be used—and worded—carefully. The agreements are common in unionized settings but also are... Read more »