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IAML Insights

August 04, 2017

“Those who cannot remember the past are condemned to repeat it.”  (George Santayana)It’s been eight long years since Bozeman, Montana, set the internet on fire by requiring that job applicants for municipal positions turn over passwords to their personal social media accounts as part of the application process. In the wake of that story,...

August 02, 2017

You look around the office in August, and suddenly, without warning, everyone is gone. Or perhaps human resources and managers are starting to realize that an unusual number of employees have just asked for the same time off. What’s so special about August 21, 2017? What on Earth is going on? For those of you still in the dark, a total solar...

August 01, 2017

In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of arbitration, we suggested that it arguably is not. We noted that the United States Supreme Court and various Courts of Appeal had...

July 28, 2017

As anyone who’s been following the news is aware, President Trump has been publicly and repeatedly indicating his displeasure with Attorney General Jeff Sessions. We are a non-partisan blog, so I’m not going to get into who’s right and who’s wrong about the underlying dispute. But it does seem to me that the President is trying to force ...

July 28, 2017

Consider the following lawsuit the EEOC filed against a California senior-care provider:The civil rights agency found that Rashon Sturdivant, an experienced care provider, faced daily harassment, including racially offensive remarks about “brown sugar” and “black butts,” requests to perform sexual acts, and lewd comments about her body....

July 27, 2017

You’ve heard of “English-only” policies, but here is a new one. The Equal Employment Opportunity Commission filed suit last week against a Houston-area company for allegedly requiring applicants to be of Hispanic national origin and to speak Spanish. The EEOC is claiming race and national origin discrimination based on a “pattern or...
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