Recent developments in federal court application of the EEOC guidelines to English-only rules

Article Abstract:

The authors analyze federal cases applying the EEOC's guidelines for English-only rules in the workplace.

Language policy

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Arbitral responses to the changing external law of discrimination

Article Abstract:

Arbitrators of discrimination claims arising under collective bargaining agreements long disagreed on the extent to which they may rely on external civil rights law. External law consists of applicable statutory and common law. A review of Supreme Court decisions on this subject reveals no legal rationale for excluding the external law from consideration when certain conditions are met. The key condition is whether the agreement permits such consideration.

Management, Negotiation, mediation and arbitration, Labor arbitration

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Judicial treatment of same-actor evidence in discrimination cases

Article Abstract:

Evidence that an employee was hired and fired by the same individual is considered by some federal courts to be a strong indication of non-discriminatory motive by the employer in federal employment discrimination cases. 'Same actor' evidence is used most often in, but is not limited to, age discrimination cases. Such evidence should be viewed in light of the entire pattern of the employer's decision-making process.

Age discrimination, Employee dismissals, Employment terminations, Employment at will

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