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The Paley Rothman Blog

Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys.

Employment Law

Fourth Circuit Refines Analysis of Retaliation for Reporting Isolated Incidents of Harassment

Overview: In Boyer-Liberto v. Fontainebleau Corporation, the Court of Appeals for the Fourth Circuit, faced the question of whether an African-American plaintiff’s complaint, which alleged she had twice in a span of 24 hours been called a “porch monkey” and had been terminated shortly after reporting the harassment, could survive summary judgment.

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Employment Law

Supreme Court Holds that EEOC’s Pre-Discrimination Suit Obligations Subject to Ltd. Judicial Review

On April 29, 2015, in the case of Mach Mining, LLC v. Equal Employment Opportunity Commission (EEOC), the Supreme Court resolved the question of whether the EEOC’s pre-discrimination suit actions, specifically the statutory requirement that the EEOC attempt conciliation before filing suit, are subject to judicial review.

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Employment Law, Government Contracts

Order Requires Contractors to Report Labor Violations

The recent Executive Order on Fair Pay and Safe Workplaces, signed by President Obama on July 31, 2014, has major implications for the way that federal government contractors treat their employees. Failure to comply with the new rules could exclude a contractor from consideration by a soliciting agency.

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Employment Law

Supreme Court Agrees to Hear Key Employment Cases:  What This Will Mean for Employers

The Supreme Court agreed to hear a controversial case next year on the EEOC’s obligation to conciliate or negotiate with employers prior to the EEOC filing suit. While most EEOC charges result in the individuals seeking private counsel to pursue their claims, if the EEOC itself seeks to sue your company, Title VII of the Civil Rights Act of 1964 requires the EEOC to conciliate in good faith before bringing suit.

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Employment Law

Senate Considers Non-Discrimination Act (ENDA)

On October 28, 2013, Senate Majority Leader Harry Reid (D-Nev.) announced that the United States Senate may in the very near future vote on the Employment Non-Discrimination Act (ENDA), which would prohibit workplace discrimination on the basis of sexual orientation and gender identity. As this is written on the afternoon of November 4, ENDA stands only one vote short of the 60 needed to eliminate the possibility of a filibuster.

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