American University’s student-led newspaper, The Eagle, reports that Carolyn Brown, an assistant professor in AU’s School of Communication, is appealing Provost Scott Bass’s decision to deny her tenure.  In her appeal, Professor Brown asserts that she was unfairly denied tenure in retaliation for her activism on race and gender issues on AU’s campus, and for […]

Continue Reading

On March 8, 2017, the United States Court of Appeals for the Ninth Circuit ruled that the Dodd-Frank Wall Street Reform and Consumer Protection Act’s anti-retaliation protections extend to whistleblowers who report employers’ SEC violations internally, regardless of whether they report the violations to the SEC.  In Somers v. Digital Realty Trust, Inc., No. 15-17352, slip op. (9th Cir. Mar. 8, […]

Continue Reading

The most recent publication of Wolters Kluwer Employment Law Daily includes an article by Dave Wachtel and Karen Tanenbaum from Bernabei & Wachtel. In it, they address the recent landmark Supreme Court case, Obergefell vs. Hodges, which held that banning gay marriage violates the constitution.

“While this decision addresses marriage, not employment, […]

Continue Reading

The clothing store Abercrombie & Fitch is currently engaged in a case against the EEOC before the Supreme Court regarding religious discrimination. The case centers around an Abercrombie employee who is required by her religion to wear a hijab. Under Title VII, notice is supposed to be given to the employer for religious accommodations, but […]

Continue Reading

Lynne Bernabei was interviewed on Federal News Radio, discussing the Supreme Court’s recent decision in Kloeckner v. Solis, in which the Supreme Court made clear that federal employees with both discrimination claims and adverse personnel actions could bring their discrimination claims in the U.S. […]

Continue Reading

PolitiFact’s “Truth-O-Meter” recently quoted Lynne Bernabei in order to address Sean Hannity’s claim that the Administration’s proposed jobs bill would allow the unemployed to sue for discrimination if they were not hired because they were unemployed. Lynne confirmed that while the jobs bill would allow the unemployed to make that claim, […]

Continue Reading