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

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