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IAML Insights

June 06, 2017

It’s been six weeks since I reported on  NLRB v. Pier Sixty, in which the 2nd Circuit Court of Appeals held that the National Labor Relations Act protected the profanity-laced Facebook rant of a disgruntled employee. I have hoped that Pier Sixty is an aberration. Thankfully, last week the 1st Circuit came along with a well...

June 05, 2017

As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful “sex stereotyping.” But is it also a “disability” within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one? Transgender...

June 02, 2017

Who would have thought a routine compliance review could drag on for 24 years, through four presidential administrations, and ending in a $1 million settlement? Bank of America would. The bank has just reached a settlement with the Office of Federal Contract Compliance Programs for $1 million dollars in back pay and interest after a...

June 01, 2017

I came across an interesting article at the Harvard Business Review—The Omissions That Make So Many Sexual Harassment Policies Ineffective. The article starts with a simple question. “If 98% of organizations in the United States have a sexual harassment policy, why does sexual harassment continue to be such a persistent and devastating problem in...

May 31, 2017

We have been watching with some concern recent developments in a much-publicized gender discrimination action filed in DC federal court by a female partner and practice group head in the Washington, D.C. office of Proskauer Rose LLP. The plaintiff filed her $500 million gender bias suitunder a Jane Doe pseudonym on May 12, 2017, alleging that...

May 30, 2017

Last week, we talked about employment investigations. This week, I’d like to talk about what employers do with the information they gathered during the investigation. There are two main tasks: No. 1: Figure out what probably happened. No. 2: Decide what action to take based on No. 1. It’s almost impossible to generalize about...
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