I have already written about the Herman Cain story and won’t opine further on it here except to say, I have no idea who is telling the truth in the he-said-she-said (and she-said; and she said) story. The headlines do remind me about what little rights the accused harasser has when, as Herman Cain claims, a false complaint of harassment has been made. And before you start sending me the hate mail over this HSO, read the remainder of this post.Continue Reading What Rights Does the Accused Have in Response to a False Harassment Complaint?
Penn State Scandal Has Lessons for Texas Employers
The recent scandal at Penn State University is both shocking and troubling. That high level officials of a such a prestigious university would allegedly overlook or cover-up allegations of the sexual abuse of a child is truly reprehensible. Notwithstanding the intense media coverage of these events, each of those accused is presumed innocent until proven guilty.
Texas Rangers Investigation Reminds Employers to Adopt Formal Policies Against Surreptitious Recordings
The Fort Worth Star Telegram has reported that the Texas Rangers are investigating the leak of Manager Ron Washington’s pre-game speech to the team before Game 7 of the World Series. The speech was reportedly taped by a member of the clubhouse staff and then leaked to JoeSportsFan.com. You can listen to the
Implicit Bias Science Interesting, But is it Predictive of Discriminatory Behavior?
Last week I was in Seattle attending the ABA’s 5th Annual Labor and Employment Law Conference. While there have been a number of interesting and informative sessions, I wanted pass along an interesting demonstration that was done by Dr. Anthony Greenwald to demonstrate implicit bias (i.e., the internal, subconscious stereotypes we all allegedly have from
One Reason Employers Settle Employment Disputes
Herman Cain is in the news for all the wrong reasons. During his tenure at the National Restaurant Association the Association apparently settled two complaints of sexual harassment involving Cain.
I have no idea what the underlying allegations were against Cain or whether the settlements were made to avoid inconvenience and buy peace or because the
ABA’s 5th Annual Labor and Employment Law Conference Starts Wednesday
By the time most of you read this, I will be headed to Seattle for the ABA’s 5th Annual Labor and Employment Law Conference. Attended this year by approximately 1,300 labor and employment attorneys from across the country, the ABA’s conference provides some of the most comprehensive coverage of current developments in U.S. labor
Court Finds, in Pre-ADAA Case, that Employee with Diabetes Not Disabled
In a recent pre-ADAA case, the Fifth Circuit Court of Appeals held that a former UPS employee’s limitations caused by Type II diabetes were not disabling and that UPS did not fail to provide reasonable accommodation to a known disability. Despite the fact that this case was based on pre-ADAA law, there are still some useful
Fortune Cookie Says, “Little Blogging Activity During Ranger’s World Series Bid”
Some of you may have noticed that my regular blogging activity has been less-regular. With the Texas Rangers winning the American League Championship to advance to the World Series and a number of key depositions I’ve been preparing for and taking, time dedicated to the blog is in short supply. I hope to return to
Texas Supreme Court Agrees to Hear Age Discrimination Case
Last week the Supreme Court of Texas granted a Petition for Review to hear the case of Mission Independent School District v. Garcia. While the petition for review has three issues (issue four was not challenged by the respondent), only one is relevant to private employers. The school district argues for a bright line rule that
NLRB Postpone Implementation Date for Notice of Rights Poster
I suggested that employers should wait until November 14, 2011 (the implementation deadline) to post the new regulatory-requirement posting on employees’ NLRB rights because of several lawsuits seeking to enjoin the requirement.
The Board has now postponed the initial posting deadline until January 31, 2012 "to allow for further education and outreach." I’m not sure