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Sex Discrimination Found Even Without Sexual Conduct
What? That's right...the
Ninth Circuit Court of Appeals has held that three female employees of a
teachers union could recover under Title VII of the Civil Rights Act of 1964
for sex-based discrimination even though there was no evidence of lust or
sexual animus toward the women. The women claimed their supervisor created
a hostile work environment when the supervisor screamed at them, made
threatening gestures and movements, used profanity, and invaded their
personal space.
The Ninth Circuit held the
employer's conduct violated Title VII applying the "differential effects"
standard. That standard looks to whether the employer's behavior affected
women more adversely than men. In applying this test, the court analyzed
both the qualitative and the quantitative comparison of treatment between
males and females. For the full text of the opinion, see Christopher v.
National Education Association, 2005 WL 2106164 (9th Cir. 2005). |
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Legal Briefs is sponsored
by the Grand Lodge Fraternal Order of Police. Founded in 1915, the
Fraternal Order of Police is the world's largest organization of sworn
law enforcement officers, with more than 321,000 members in more than
2,100 lodges.
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Personnel Files
The overwhelming majority of employers maintain personnel files on their employees and police officers are no exception. The question is; what rules govern these files and what, if any, is the importance of the information contained in them? The most obvious concern regarding the information contained in a personnel file is what impact it may have when an individual decides to change jobs. In many instances a potential employer will require an applicant to sign a waiver allowing contact with a former employee and this waiver may include a review of a personnel file.
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Latest News
San Francisco Reinstates Suspended Officers, DOL Publishes Final Regulations Implementing USERRA, AFL-CIO Takes Position on Alito, New Orleans Officers Face More Questions Regarding Conduct, Transit Union Approves Contract, Approval of FMLA Leave May Not Protect Against Termination
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United States Supreme Court Issues Ruling on Compensable Time
In an opinion issued on November 8, 2005 in IBF Inc. v. Alvarez, the United States Supreme Court resolved a conflict between two Circuit Courts on the issue of what constitutes "compensable time" under the Fair Labor Standards Act.
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Governor Blagojevich Signs New Gay Rights Law
With this amendment, the Illinois Human Rights Act now declares that it is the public policy of Illinois "to secure for all individuals within Illinois the freedom from discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status, sexual orientation, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations."
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Comp Time On Demand?
Do we now have the long awaited answer to the question
of whether police officers can take compensatory time off on demand?
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HIPAA Rules Apply to FSA's
Did you know that
the Department of Health and Human Services considers your Health
Flexible Spending Arrangement (FSA) covered by the HIPAA privacy
rules?
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New
Orleans Fires AWOL Officers
After weeks of rumors of police officers having abandoned
their posts before, during and after Hurricane Katrina, the City of New
Orleans has fired over fifty police officers and six civilian employees
for allegedly having done so. |
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Can Employees Have a "Privileged" Conversation with their Union
Representatives?
The
State of Illinois has recently passed legislation purporting to make
communications between union agents and the members they represent
"privileged." |
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Alaska Supreme Court Holds Spousal Limitations Violate
That State's Constitution
The
Supreme Court of Alaska ruled that it violated the state constitution to
withhold benefits to public employees' same-sex partners.
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Can State Funds be Used in Union
Organizing Campaigns?
Among the hotter
controversies in labor is whether a private employer may spend public
money to fight its employees' efforts at unionizing. |
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Sex Discrimination Found Even Without Sexual Conduct
The
Ninth Circuit Court of Appeals has held that three female employees of a
teachers union could recover under Title VII of the Civil Rights Act of
1964 for sex-based discrimination even though there was no evidence of
lust or sexual animus toward the women.
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