|
|
-
Update on Quebec: Legal Developments ( May 2006 )
In 2003, significant changes to the business tax regime were announced by the then newly elected government of the province of Quebec. These measures suspended, reduced or eliminated a number of tax incentives that had been created to foster specific sectors of the Quebec economy. In the two successive provincial budgets delivered after the changes were announced in 2003, the government of Québec has tinkered with some of the announced changes. -
Lex Mentis - My Life's a Mess and It's All Your Fault ( May 2006 )
A plaintiff in a sexual harassment lawsuit claims her male supervisor sexually assaulted her repeatedly. Discovery reveals, however, a life history of multiple traumas and dysfunctions, including childhood sexual abuse, prior suicide attempts, bulimia, and substance abuse. Another plaintiff, in a national origin discrimination lawsuit, claims to have been harassed or slighted dozens of times over many years on account of his ethnicity. Interviews with his supervisors and co-workers, however, reveal that he has long been suspicious and hypersensitive to even petty slights from others. -
Lex Mentis - Taking Out the Garbage ( May 2006 )
The scenario is all too familiar. A plaintiff in a harassment or discrimination lawsuit puts an "expert" witness on the stand to testify that in his or her opinion, the defendant employer discriminated against the plaintiff, or that a sexually hostile work environment existed, or the employer's policies or procedures were somehow inadequate. Such a witness, often addressed as "Doctor" and with an impressive-sounding resume in tow, usually will impress jurors, who might believe that a form of science must underlay the expert's conclusions. -
Supreme Court Clarifies Application of Faragher/Ellerth Defense Where Employees Claim Constructive Discharge ( May 2006 )
In a significant percentage of sexual harassment cases, the employer's first notice of any problem is after the complaining employee has quit and filed a charge of discrimination with the Equal Employment Opportunity Commission or a state agency. Typically, the employee claims that the very same supervisory conduct that amounted to a hostile environment (and, hence, actionable sexual harassment) also forced the employee to resign. The employee then complains that his or her constructive discharge was a "tangible employment action" that prevents the employer from asserting the now familiar Faragher/Ellerth affirmative defense to liability in instances of supervisory sexual harassment. -
Hey, Good Lookin': Sex Discrimination in Hiring Reps ( March 2006 )
This article examines the issue of using appearance as a hiring criterion and how it could lead to employment discrimination due to physical appearance. Given a new but growing trend to outlaw job discrimination based on appearance, further scrutiny of this practice may be expected. -
Retaliatory Harassment: Actionable? ( March 2006 )
We know that under Title VII of the Civil Rights Act of 1964, an employer is strictly liable if a supervisor creates a hostile work environment, unless the employer has taken prompt remedial action which ends the harassment. But what is the employer's liability when the perpetrators are co-workers and not supervisors and the harassment is retaliatory in nature?
Sponsored Links
