Employer Liability Issues

 Fifth Circuit Upholds Arbitrations with Class Waivers – Gasses NLRB in Murphy Oil CaseMore frequently, employers are turning to arbitration agreements to keep lawsuits out of court and prevent the threat of run-away juries. Many arbitration agreements also contain class action waivers which require employees to bring any claims individually and not as a multi-party or class action. Federal courts have routinely upheld arbitration agreements with class waivers;

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just YetThe EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for two vacant warehouse positions but was not selected. She complained in her August 2010 EEOC charge that the company hired less

The Full Monty is Still Full-on Sexual Harassment—The Tenth Circuit Gets It RightFrom the “You’d Think This Would Be Obvious” file in August, the Tenth Circuit reversed a district court’s granting of summary judgment in favor of an employer in a case in which a male employee allegedly exposed his genitals to several co-workers on multiple occasions. The plaintiff, Ms. Yvonne Macias, worked at the Southwest Cheese