Oregon’s anti-discrimination statute allows an employee alleging employment discrimination to file either a lawsuit (which results in a jury trial) or an administrative complaint with the Oregon Bureau of Labor and Industries (which results in an administrative hearing with no jury). In Emerald v. Bureau of Labor, the employer argued that allowing an employee to arbitrarily choose whether or not there will be a jury trial violates the employer’s right to a jury trial under the Oregon Constitution. Not so, ruled the Oregon Court of Appeals earlier this week. Continue Reading Oregon Court of Appeals Upholds Employment Discrimination Statute
Supreme Court: No “Class of One” Claims
This morning the U.S. Supreme Court struck a blow for public employers, ruling that the "class of one" theory does not apply in public employment cases.
In Engquist v. Oregon Department of Agriculture, the plaintiff alleged that she was fired not because she was a member of a protected class (such as race, sex,…
Supreme Court Expands Plaintiffs’ Relief in Race and Age Discrimination Cases
On May 27, the Supreme Court held that two civil rights laws prohibitretaliation against employees who complain about discrimination, even though neither law actually mentions retaliation. In CBOCS West, Inc. v. Humphries, the Court held that a restaurant employee could sue his employer for retaliation under Section 1981 of the Civil Rights Act of…
Oregon Employees Have No Wage Claim for Missed Rest and Meal Breaks
The Oregon Supreme Court ruled that employees could not sue their employer for back pay over missed rest and meal breaks. Want to know more? You can either read the court’s opinion, or read a more concise yet equally informative summary of Garfur v. Legacy written by yours truly. Note to employers: don’t start making your…
Howard Stern + Work = Hostile Work Environment
The Eleventh Circuit (which covers Alabama, Florida and Georgia) held late last month that a female employee was subjected to an unlawful hostile work environment on the basis of her sex in part because of "vulgar radio programming" that was played daily in her workplace. Reeves v. C.H. Robinson Worldwide Inc., No. 07-10270, April 28, 2008.
Continue Reading Howard Stern + Work = Hostile Work Environment