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
Former Official Sues NASCAR for Race, Sex Harassment
Today’s big news: Former NASCAR technical inspector Mauricia Grant filed suit against the auto racing league for sexual and racial harassment, discrimination and retaliation, seeking $225 million dollars. According to Grant’s complaint, she was referred to as "Nappy Headed Mo" and "Queen Sheba" by co-workers, was often told she worked on "colored people time" and
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
Federal Contractors Ordered to Use E-Verify
In an Executive Order dated June 6, 2008, President Bush ordered that all federal contractors will be required to use the E-Verify system to verify the employment eligibility of employees working on federal contracts. E-Verify is a internet-based system operated jointly by the Department of Homeland Security and the Social Security Administration, which
No Gattaca? Bush Signs Genetic Information Nondiscrimination Act
Gattaca “genetic testing” bush “ethan hawke” “uma thurman”
Continue Reading No Gattaca? Bush Signs Genetic Information Nondiscrimination Act
Nurses Button Up: Ninth Circuit Nurses May Wear Union Buttons at Work
The Ninth Circuit Court of Appeals recently ruled that a Spokane hospital could not lawfully prohibit nurses from wearing union buttons in areas where they only "might" encounter patients or family members. Health care employers should review their uniform policies to make sure union insignia and other political buttons and stickers are only prohibited in
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
Ignore this Court Order: Executives Hit with Subpoena Scam
This last month, thousands of high-ranking executives across the country received phony subpoenas by email commanding them to appear before a grand jury in the U. S. District Court in San Diego, California. If you received one of these emails, feel free to ignore it. For more information, check out Stoel Rives’ update. Don’t