IAML Insights

June 07, 2019

Eww. In Canada, sex addiction is apparently not a disability. (Whether it is under the Americans with Disabilities Act remains to be seen, but I don't think so.) A labor arbitrator has upheld the termination of an employee in Halifax, Nova Scotia, who was fired for . . . er . . . um . . . well . . .  . . . that thing that they used to say...

June 06, 2019

Over at her employee-rights blog, Screw You Guys, I’m Going Home, attorney Donna Ballman asks, “Is is time to terminate at-will employment laws?“Well, Donna, there’s no need to terminate these laws; they are already dead.I hear it all the time from clients. “Aren’t we an at-will employer? We paid you for that handbook that says so....

June 04, 2019

On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC) before commencing an action in court is not jurisdictional. Rather, the charge-filing requirement is a “nonjurisdictional claim...

June 03, 2019

A bank fires two female employees for violating its vault-access policy. They claim sex discrimination, pointing their fingers squarely at three male employees who they say violated the same policy, but only received performance counseling.Open and shut discrimination case? Not quite.The two fired employees were caught on video violating the...

May 31, 2019

Not sure I'm buying it. Two out of three judges on a panel from my own U.S. Court of Appeals for the Fourth Circuit recently affirmed a jury verdict in favor of a woman who claimed that she was terminated because of her age. I agree with the panel majority that some of the facts were arguably "iffy," which generally means that they're...

May 30, 2019

Cannabidiol (CBD) is a nonintoxicating compound found in both marijuana and hemp that can be extracted and combined with oil for ingestion or inhalation through the use of a vaporizer. In recent months, retailers in many states have been marketing and selling CBD oil derived from hemp as a natural remedy for pain, anxiety, insomnia, and a...