Blog entries

The 7 Most Common Mistakes Employers Make Under GINA

ggordillo@eeoattorney.com — Wed, 17 Feb 2010 03:18:54 +0100

On November 21, 2009, the Genetic Information Nondiscrimination Act (GINA) became effective. This federal law applies to all employers with 15 or more employees. GINA prohibits discrimination against employees based upon their genetic information. Genetic information includes family medical history. Here are the 7 most common mistakes employers are likely to be making right now under GINA:

Failing to Notify Employees About GINA: Notices to employees regarding their rights undRead More...

Scott Gibson's Wise Blog on Non-Competes

ggordillo@eeoattorney.com — Sat, 28 Nov 2009 22:27:50 +0100

Signing a non-compete agreement may be one of the most important decisions in an employment relationship. Scott Gibson of Gibson, Ferrin and Riggs, P.L.C. in Arizona has written an excellent blog entry on the subject at biziboom.com. For those who did not see it, here are two key points.

First, for employers that want their employees to sign a non-compete agreement, take care when explaining the importance of the agreement to the employee. The more carefully the employee is inforRead More...

2009 HR Star Conference Presentation A Success

ggordillo@eeoattorney.com — Fri, 31 Jul 2009 01:33:32 +0100

Implementing Progressive Discipline to Improve Performance was the topic of my presenation yesterday at the 2009 HR Star Conference in Cleveland, Ohio. The Conference drew approximately 600 attendees. The room in which I was presenting was full. A responsive and active audience made giving this presenation a real pleasure.

Here is the power point presentation I used.

Proud to be an EEO attorney on July 4.

ggordillo@eeoattorney.com — Sat, 04 Jul 2009 01:17:04 +0100

Today is a good day to read the Declaration of Independence that we celebrate on July 4. The Declaration reminds us why the United States exist: Because we believe that all people "are created equal." For 233 years, United States citizens have fought, died, and lived to make certain that equal opportunity would be available to all Americans.

So is there any greater principle upon which the success of America depends? On July 4, we celebrate our freedom. We only have freedom, howeRead More...

How to Create a Social Media Policy for Employee Handbooks

ggordillo@eeoattorney.com — Thu, 18 Jun 2009 17:57:52 +0100

Most employers have realized they should have internet use policies for their employees, but those policies should now be updated to address the Web 2.0 and social media. The internet is rapidly being changed by the proliferation of interactive communication tools and websites. When employees use internet social media, the line between workplace conduct and personal conduct can be blurred. Wise employers should give their employees guidance about using these methods of communication.

14 Penn Plaza LLC v. Pyett Summarized

ggordillo@eeoattorney.com — Mon, 15 Jun 2009 16:47:01 +0100

A grievance procedure that requires union members to pursue age discrimination claims through arbitration can result in preventing the union member from filing the age discrimination claim in court. That is the result of the recent United States Supreme Court decision, 14 Penn Plaza LLC v. Pyett. More specifically, the Court addressed whether a provision in a collective-bargaining agreement that requires union members to arbitrate claims arising under the Age Discrimination in Employment Act Read More...

New Sexual Harassment Standards Set by Sixth Circuit

ggordillo@eeoattorney.com — Mon, 01 Jun 2009 18:48:32 +0100

Sexual harassment law now has a wider opportunity for employees trying to take their case to a jury. That is the result of Gallagher v. C.H. Robinson Worldwide, Inc., a decision by the United States Court of Appeals for the Sixth Circuit. The court ruled in favor of Julie Gallagher and reversed a trial court's decision that had entered summary judgment and dismissed her sexual harassment claims against C.H. Robinson Worldwide, Inc.

ggordillo@eeoattorney.com — Wed, 27 May 2009 19:31:10 +0100

"Americans clearly believe in equal opportunity even as they reject programs that mandate equal outcomes." So writes pollster Frank Luntz in his book, Words That Work: It's Not What You Say, It's What People Hear. The observation is a remarkably valuable insight for anyone preparing an employment discrimination lawsuit trial.

Whether representing the employee or the employer, the challenge that Luntz's insight presents during an employment discrimination trial is to remain focused onRead More...

Qui Tam Claims Expanded by Congress. Whistleblowers Now More Likely To Win Cases.

ggordillo@eeoattorney.com — Tue, 26 May 2009 22:55:12 +0100

The False Claims Act that prohibits false claims made for government money has been expanded. Civil claims brought to enforce the law are known as qui tam actions. On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act of 2009 ("FERA"). Two of the changes to the law are likely to have great impact on future whistleblower claims.

The two key changes to qui tam law are that:

A whistleblower no longer has to prove an intent to obtain payment usiRead More...

How to Prepare for Employment Dispute Mediation

ggordillo@eeoattorney.com — Sun, 24 May 2009 21:20:36 +0100

How to approach mediation was the subject of an interesting blog entry by Michael Maslanka, the managing partner of the labor & employment law firm, Harrison & Ford in Dallas. I don't agree with everything he writes, but his thoughts are a helpful contribution to lawyers and clients trying to resolve disputes. Many of his thoughts hit the bulls eye, and all of his thoughts ought to be considered when preparing for mediation.

Maslanka, an employer side lawyer, calls mediatRead More...

Being uncivil in a civil lawsuit never pays

ggordillo@eeoattorney.com — Fri, 22 May 2009 19:22:44 +0100

Lawsuits over a job loss or a pay loss are never pleasant. That does not mean the civil lawsuit has to be uncivil. But the responsibility for keeping the animosity that exists between the lawsuit embroiled employee and employer out of the lawsuit belongs to their lawyers. Without such responsible lawyers, fighting the dispute can be as costly as resolving it.

I was compelled to publish this thought by an article I read today about a discovery fight in a New Jersey case about lost oRead More...

Greg Gordillo responds to Workplace Prof Blog Thoughts on Hulteen

ggordillo@eeoattorney.com — Thu, 21 May 2009 02:19:23 +0100

Professor Marcia McCormick at the Workplace Prof Blog wrote an interesting analysis of the United States Supreme Court's Hulteen pregnancy discrimination decision that I wrote about in a post yesterday. Her comments cause me to respond below.

Prof. M:

Your analysis is thought provoking, but I think mistaken to the extent you believe the Hulteen Court "implicitly concludes that Congress did not define sex discrimination in the PDA, but simply added an additional classificatioRead More...

Pregnancy Discrimination in Pension Plan Not Unlawful

ggordillo@eeoattorney.com — Wed, 20 May 2009 02:25:41 +0100

The Pregnancy Discrimination Act amendment to Title VII has again been interpreted by the United States Supreme Court. Yesterday, the Court announced AT&T v. Hulteen. The Court ruled that decisions made by an employer that were adverse to pregnant employees and based on pregnancy are not unlawful if made before the Pregnancy Discrimination Act became law.

The Pregnancy Discrimination Act was passed in 1978. It became effective in 1979. Congress passed the Pregnancy Discrimination Act Read More...

Overtime Pay Required For Blackberry Use by Non-Exempt Employees

info@eeoattorney.com — Thu, 10 Jul 2008 05:00:00 +0100

Whether employees should be paid for using company issued Blackberry devices was a question posed over at LinkedIn. I answered the question because I thought it was an especially timely one these days. Lawsuits for unpaid overtime are growing increasingly common. The Fair Labor Standards Act that governs federal overtime law has long been one of the most frequently violated laws in America. As mobile technologies become more commonly used by employees, the wage and hour laws are becoming evenRead More...

More on Employment Retaliation Law and the Niswander decision

info@eeoattorney.com — Mon, 07 Jul 2008 05:00:00 +0100

Employment retaliation was the subject of my posts right before the holiday weekend. I return to continue discussing the anti-retaliation statute in Title VII. This is the employment retaliation law addressed by the United States Sixth Circuit Court of Appeals in the interesting and important Niswander v. Cincinnati Insurance Co. case.

The facts are interesting because they begin with such a common transaction. The employee, Niswander, sued her employer for paying her less than maleRead More...

Employer Wins Retaliation Lawsuit in Niswander v. Cincinnati Insurance Co.

info@eeoattorney.com — Thu, 03 Jul 2008 05:00:00 +0100

Retaliation lawsuits have been on the rapid rise in the recent past. The Niswander v. Cincinnati Insurance Company decision from the Sixth Circuit Court of Appeals demonstrates why both employees and employers should take care to hire only skilled employment lawyers to fight retaliation lawsuits. Retaliation lawsuits are among the trickiest for employees and most dangerous for employers to fight. This one arose under Title VII's law against retaliation.

Title VII is the federal law Read More...

$46.6 Million Verdict in Retaliation Lawsuit Today

info@eeoattorney.com — Thu, 03 Jul 2008 05:00:00 +0100

Earlier today, I posted about a retaliation lawsuit won by an employer. These are truly significant cases. Look at what just happened in a Cleveland, Ohio retaliation lawsuit. Hours ago, a jury awarded an employee $46.6 million dollars. The case is Luri v. Republic Services, of Ohio LLC in the Cuyahoga County Court of Common Pleas.

The jury reached its verdict after a two week trial. The employee was awarded to $3.5 million to compensate the employee for losses. In addition, the jurRead More...