This chapter provides an overview of the key remedies available to employment discrimination plaintiffs under Section 1981 and Title VII. For further discussion of these issues, including the complex law governing the taxation of monetary remedies, see Seymour & Brown,
Equal Employment Law Update, Chapters 44-56 (Fall 1998). Read More…
This chapter, written in 1994, provides an overview of harassment employment law claims under Title VII and Section 1981, with an emphasis on sexual and racial harassment claims, and a briefer presentation of concurrent state civil rights remedies. Read More…
Continue Reading →The Sarbanes-Oxley Act of 2002 includes a provision protecting whistleblowers
who report suspected accounting fraud, but only a few employees
who’ve litigated the issue in court have achieved the remedies they sought.
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In employment cases, knowing how and when to release medical records keeps irrelevant information out of court and protects your client’s privacy. Read More…
Continue Reading →Who needs John Grisham or Scott Turow? The truth can be more compelling and fascinating than any fictionalized account of the legal world. Bingham and Gansler have done this, and more, with their account—Class Action (2002)—of a sexual harassment class action, Jenson et al. v. Eveleth Taconite et al., involving many of the female employees [...]
Continue Reading →Workplace retaliation claims — in which the plaintiff alleges that she was retaliated against for having exercised her rights under the anti-discrimination statutes — are an increasingly important component of employment discrimination litigation. Retaliation claims are comparable to, but distinct from, discrimination and harassment claims under federal and state statutes. Read More…
Continue Reading →This chapter provides an overview of harassment employment law claims under Title VII and Section 1981, with an emphasis on sexual and racial harassment claims, and a briefer presentation of concurrent state civil rights remedies. Read More…
Continue Reading →This chapter surveys whistleblower litigation, which is an increasingly significant limitation to the employment-at-will doctrine, under which an employer can otherwise fire an employee for any reason, or no reason. The issues covered are: (1) state common-law tort claims
based on wrongful discharge in violation of public policy; (2) federal whistleblower statutes; and (3) [...]
This chapter surveys the key remedies available to racial and sexual harassment plaintiffs under Section 1981, Title VII and the D.C. Human Rights Act (“DCHRA”). For further discussion of these issues, including numerous federal appellate decisions concerning damages,
as well as the complex law governing taxation of monetary remedies, see R. Seymour & B.B. [...]
A cutting-edge issue in employment and health care law is the employment status of physicians in private practice who participate in managed care programs, as opposed to hospital staff physicians or residents. Are these private practice physicians employees or independent contractors? If they are employees, then the next issue is whether these physicians can unionize [...]
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