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Settling up: the need for specificity in employee releases

By Kyla Stott-Jess and Kyle Cadieux An employer in Canada would be forgiven for thinking that a release of liability related to employment would protect it from all future claims by that employee. However, a recent Alberta Human Rights Tribunal decision, Hutton v. ARC Business Solutions Inc., 2015 AHRC 7, suggests that the matter is […]

News Notes: Worker Who Lost Pregnancy Bias Suit Ordered To Pay Employer’s Attorney’s Fees

A trial judge has turned the tables on a lawyer who failed to convince a jury that the law firm in which she was a partner had refused to accommodate her pregnancy. Finding that Shari Cohen Rosenman’s lawsuit was unreasonable, the court ordered her to pay $231,000 toward the attorney’s fees and costs of the […]

Bulletin: CEA welcomes new board member Lloyd W. Aubry, Jr.

We are pleased to welcome Lloyd W. Aubry, Jr., the newest member of our Editorial Review Board. Mr. Aubry, of counsel in the San Francisco office of Morrison & Foerster, has served as director of the California Department of Industrial Relations and as the State Labor Commissioner. In this position he headed the Division of […]

Virginia online privacy law takes effect July 1

by Sara Sakagami Virginia’s new law placing restrictions on the circumstances in which employers may access their employees’ social media accounts takes effect July 1. Virginia Code § 40.1-28.7:5 prohibits employers from requiring current or prospective employees to either (1) disclose login information for a personal social media account or (2) add an employee, supervisor, […]

Beauty and the Best

By Mark I. Schickman We have eliminated many forms of workplace discrimination and made great strides toward erasing others. Nonetheless, one form of discrimination ― “Beauty Bias,” as coined by Stanford Law Professor Deborah Rhode ― remains alive, well, and possibly inherent in the human condition. When babies are shown pictures of adults, they usually […]

Junior Employees Owe Duty of Good Faith, Too

By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]

A New Genre of Discrimination? Smokers Need Not Apply

By Susan Hartmus Hiser Q: Our company is considering implementing a policy that would make individuals who smoke ineligible for employment. In doing so, we would save a substantial amount of money on our insurance premiums. Can we do this? If so, how do we monitor employees who claim they have quit smoking? A: Many […]