The company and a worker entered into six agreements, each of which contained an arbitration provision. While there was no doubt the parties intended to arbitrate any disputes between them covered by the agreements, the arbitration provisions were not identical. They differed in their details. The agreements contain conflicting arbitration provisions. See Aplt. App. 167–87. Suffice […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2017-06-29 12:04:222017-06-05 12:05:01Tenth Circuit holds conflicting arbitration agreements mean no arbitration agreement
An employee filed an EEOC charge in 2009 for sexual harassment, but did not sue when he received his administrative right to sue. Instead, he continued to work, then filed another charge in 2011. When he sued for sexual harassment after the second charge, the employer challenged his claim as timely. The trial court held […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2017-06-28 11:59:102017-06-05 12:00:57Tenth Circuit confirms employees may “double file” EEOC charges
In a case that pits religious freedoms against anti-discrimination laws, the Supreme Court agreed today to hear the appeal of a Colorado case against a baker that refused to sell a wedding cake to a same-sex couple. Hear me (Bill Berger) discussing this development on 850 KOA moments after the order. Source: 062617zor_8759.pdf
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2017-06-26 11:05:412017-06-26 11:05:41SCOTUS grants review in Masterpiece Cakeshop case
Federal and state law prohibit sexual harassment. The courts have articulate two common types of sexual harassment: quid pro quo (where someone is asked to provide sex in exchange for a job benefit or punished on the job for not providing sex) and hostile work environment (where someone is subjected to “severe or pervasive” mistreatment […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2017-06-23 12:25:222017-06-05 12:26:14Quid Pro Quo and Hostile Work Environment, both, just sexual harassment, by a different name
The Tenth Circuit restated the test for granting summary judgment in favor of employers, and in doing so extensively discussed multiple doctrines frequently raised in such motions, including the honest belief doctrine, the adequacy of an employer’s investigation and the reasonableness of requested accommodations. With the regard to the last doctrine, the court noted that, […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2017-06-23 12:09:562017-06-05 12:10:18Tenth Circuit restates summary judgment test with extensive discussion of multiple ADA and general employment law doctrines