EEOC Resolutions Announced During the Second Quarter

A lewd customer, combined with management’s failure to respond appropriately to employee complaints about him, cost Oregon retailer Fred Meyer $487,500 to settle sexual harassment charges.  That story, generalized anxiety disorder as a disability, and more, as I recap EEOC… Continue Reading

Not Exactly a Picnic.

The court file screamed, CONSTITUTIONALIST, POSSE COMMITATUS, and, most importantly for a mediator, NO COMPROMISE. The “natural born citizen” challenged everything from the authority of the court, to proper service, to some of the most fundamental rules of law by… Continue Reading

EEOC Settlement Data for 3rd Quarter

The Equal Employment Opportunity Commission (EEOC) announced settlements of 27 discrimination cases during the third quarter of 2013.  As usual, I will highlight what I found most interesting and summarize the settlement data on most of the other cases. Title VII… Continue Reading

Three mediator tools that I used last week.

Last week, Defendant’s initial counteroffer was about three percent (yes, 3%!) of the plaintiff’s initial offer.  Would the young, first-time plaintiff explode with anger and despair?  Especially after she shared her emotional, painful story for which she blamed defendant? Tool… Continue Reading

EEOC Resolutions Announced in the Second Quarter

The Equal Employment Opportunity Commission (EEOC) announced settlements or verdicts of 27 discrimination cases during the second quarter of 2013.  As usual, I will highlight what I found most interesting and summarize the settlement data on all cases. Family Medical History Questions… Continue Reading

EEOC Verdicts & Settlements During the First Quarter

The Equal Employment Opportunity Commission (EEOC) announced settlements and verdicts of 31 discrimination cases during the first quarter of 2013.  This post highlights two topics I found most interesting and then provides settlement data on all cases. Money to Pay the Taxes… Continue Reading

EEOC Settlements Announced in January

The Equal Employment Opportunity Commission (EEOC) announced settlements of 15 employment law cases in January 2013.  This post briefly summarizes them.  In addition to the monetary compensation noted below, many settlements included consent decrees, under which the employer must monitor… Continue Reading

Big news! Employment Law Mediation Instead of Litigation.

After nearly one year as a mediator and 40 mediations, I have stopped representing either employers or employees as an attorney.  Now, for employment law, I serve only as an impartial mediator.  I hope you will consider me the next… Continue Reading

Ninth Circuit Rules on Use of Statistics

Last week, the Ninth Circuit Court of Appeals discussed the use of statistics in proving employment discrimination. By statistics, I mean trying to prove discrimination by comparing the numbers employees: for example, men compared to women or people over age… Continue Reading

Oregon BOLI Adopts New Case Processing Procedures

  Brad Avakian is the Commissioner of Oregon’s Bureau of Labor and Industries. Yesterday, he shared with me and several other attorneys around a conference table what he’s doing to ensure BOLI does a better job of enforcing discrimination laws. Commissioner… Continue Reading

Leaks to Media are Not Protected Whistle-blowing under Sarbanes-Oxley

This week, the Ninth Circuit Court of Appeals held that the whistleblower protection of Sarbanes-Oxley (SOX) does not protect leaks to the media. In Tides & Neumann v. The Boeing Company, employees Nicholas Tides and Mathew Neumann served as internal auditors… Continue Reading

Ninth Circuit FMLA Ruling: Oregon Worker May Win Lawsuit Without Proving Employer’s Bad Motive.

Recently, the Ninth Circuit Court of Appeals resolved an important question in an Oregon case under the Family Medical Leave Act (FMLA). In Diane Sanders v. City of Newport, the city refused to reinstate Ms. Sanders after her doctors said she was fit… Continue Reading