Tag: Employment law

Look out―here comes GINA!

by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]

Free labor or future liability? Unpaid internships in Canada also pose issues

By Julia Kennedy With each summer comes a wave of new graduates and returning students looking for ways to gain career experience. This summer, the media spotlight has been focused on the nature of unpaid internships in the United States and Canada. They are no longer limited to the not-for-profit sector. It’s probably a good […]

Did he quit? Should he be fired? An unhappy employee poses a dilemma

An employee may think the grass is greener in a new job on the other side of the fence. Once in the new position, however, he may start longing for the good old days in his old job. What to do with such an employee can put an employer in a quandary. Recently, a group […]

What can I ask on a job application?

by Robert P. Tinnin, Jr. With the national and local economic downturn, an increasing number of unsuccessful job applicants are filing discrimination charges, and the Equal Employment Opportunity Commission (EEOC) and state law enforcement agencies are examining job applications more closely for evidence of unlawful bias. The focus of these agencies has not radically changed, […]

Horrible bosses aren’t always male

Litigation Value: Rampant unlawful discrimination and harassment = more zeros than I’ve seen in a long time; instructing employees to fire all the “cripples” and the “fatties” = an expensive lesson for the employer to learn; finding out that a sequel is in the works = priceless. To kick off our new blog, I thought […]

How far-reaching will the Irving Pulp & Paper decision be?

By Clayton Jones Last week we told you about the recent decision in Irving Pulp & Paper where the Supreme Court of Canada severely limited an employer’s right to perform random alcohol and drug testing in the workplace. The implications of the Irving decision will undoubtedly be far-reaching, including on two prominent cases currently being […]

Summer jobs and workplace harassment: Train your teen workers to avoid trouble

by Joan Farrell June’s here and school’s out for the summer! For many teenagers, that means finding a summer job; and for most, it’s their first job or their first experience in a workplace. That means employers should be ready to provide training—and not just in the how-to’s of the job, but in appropriate workplace […]

Will 2013 see the beginning of the ENDA?

by Judith E. Kramer June was Lesbian, Gay, Bisexual, and Transgender Pride Month, and President Barack Obama marked the occasion by reaffirming his continued support of  “a fully inclusive Employment Non-Discrimination Act” (ENDA).  During the month, ENDA picked up additional support in the U.S. Senate as Senate Majority Leader Harry Reid (D-Nevada), Senator Heidi Heitkamp […]

Deen’s downfall doesn’t atone for injustices of the past

by John Phillips In the movie 42 when the Dodgers played the Redlegs in Cincinnati for the first time after Jackie Robinson had become a Dodger, the Reds’ fans greeted the Dodgers with considerable vitriol—like they were greeted at every ballpark where they played during Robinson’s rookie year. The Dodgers took the field, and the […]

Supreme Court rejects random alcohol testing policy in dangerous workplace

By Kyla Stott-Jess, Katie Clayton, and Hannah Roskey Canada’s highest court has ruled that random drug and alcohol testing in the workplace violates privacy rights. In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., the Supreme Court of Canada (SCC) considered the validity of a random alcohol testing […]