Eric Bachman was recently interviewed on “The Why” news program to discuss the interplay between arbitration agreements and sexual harassment and employment discrimination cases. What is arbitration? When parties agree to arbitrate, it generally means they’ve agreed not file a case in court. Instead, their legal dispute will be heard by a private, neutral, third … Continued
With all the news stories about sexual harassment allegations in Hollywood, the tech industry, and the media, it may seem like the only viable harassment claims are those with blatant evidence and, in some cases, allegations of sexual assault. The law, however, protects against many different kinds of harassment, and simply because your case does … Continued
The recent high-profile sexual harassment claims involving Harvey Weinstein, Bill O’Reilly and Roger Ailes at Fox News, Uber, and elsewhere are timely reminders about the persistent problem of sexual harassment in workplaces around the country. And this harassment infects all industries, from technology and science to Hollywood and the media to farm workers and retail … Continued
In glass ceiling, promotion discrimination, and harassment cases, an important source of information is often the way in which the company has treated other employees. For example, in a race discrimination glass ceiling/promotion discrimination case, if the company has rejected a dozen qualified, African-American candidates for the same high-level position while promoting less qualified white … Continued
A recent paper on the glass ceiling and sexual harassment in the economics field has received a lot of attention. Like many industries, the economics field is still dominated by men. And to dig deeper into some of the reasons why, the paper sought to analyze online conversations on a popular economics forum to see whether … Continued
A recent study found that in astronomy and planetary science fields, “women of color experienced the most hostile environment, from the negative remarks observed to their direct experiences of verbal and physical harassment.” This conclusion is set out in a new report by the Journal of Geophysical Research: Planets, which builds upon other findings showing that … Continued
A federal court denied summary judgment in a recent case involving sexual harassment, constructive discharge, and retaliation claims, clearing the way for a jury trial. The ruling is notable because it is relatively rare for a court to find that a plaintiff presented sufficient evidence of constructive discharge to warrant a jury trial on the claim. Also, … Continued
More than fifty years after Congress passed the Civil Rights Act of 1964, too many workers are denied equal opportunity in the workplace and face egregious harassment and retaliation. For example, nearly 1 out of every 3 women (ages 18-34) experience sexual harassment at work, according to a study. And this study also finds that … Continued
Former Attorney General Eric H. Holder, Jr. recently released portions of his law firm’s report and recommendations to Uber on sexual harassment and lack of diversity problems within the company. Here are five of the recommendations that stand out as novel and innovative. #1: Use a “blind resume” or “blind audition” type of selection process One … Continued
Lawyers occasionally refer to a “constructive discharge” claim when talking about an employee who has involuntarily resigned from their job. Sometimes it’s referred to as constructive termination, constructive dismissal, or constructive discharge. But it all boils down to a basic question: were your working conditions so unbearable that you had no other choice but to quit … Continued
