May a mandatory arbitration provision in an employment agreement encompass discrimination claims? Courts are split

Article Abstract:

Federal and state courts are split on the issue of whether labor contracts can include a mandatory arbitration provision. After the Gilmer case, many courts have ruled that such provisions to be enforceable in employment discrimination litigation. Legal campaigns by both the National Labor Relations Board and the Equal Employment Opportunity Commission have tried to protect employee rights under the federal anti-discrimination laws which may be violated by such provisions. Employers who persist in including such clauses in the labor contract may have them invalidated by a federal agency or the courts.

Negotiation, mediation and arbitration, Employment discrimination, Labor arbitration

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Heeding an invisible minority; in order to head off claims of discrimination based on sexual orientation, law firms need to create a more welcoming atmosphere

Article Abstract:

Law firms should have legitimate reasons for not hiring, promoting or equally compensating gay and lesbian attorneys. Most localities and states forbid discrimination due to sexual orientation. Since gays are an invisible minority and one which has been under pressure to keep their orientation secret, integrating gay attorneys into the workplace can prove a unique challenge. A general policy of not mentioning sexual orientation in the workplace may not be enough, since this leads to heterosexuality being the assumed norm and homosexuality being considered a liability. Diversity training can help.

Legal services, Attorneys, Offices of Lawyers, Human resource management, Lawyers, Discrimination against gays, Law firms

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Forget the mistletoe: prudent employers should be on guard against sexual harassment claims arising from holiday fetes

Article Abstract:

Employers would do well to be concerned about sexual harassment claims from alcohol-fueled incidents at holiday parties, as verdicts for such incidents have occurred. Preemptive measures to limit employer liability include alcohol-free holiday parties, monitoring of the amount of alcohol available, discouragement of inappropriate gifts and risque entertainment. All harassment complaints after parties should receive full investigation and prompts action against employee-perpetrators should be taken.

Employer liability, Remedies, Drinking of alcoholic beverages, Drinking (Alcoholic beverages), Sexual harassment, Respondeat superior

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