Ninth Circuit Rules in Favor of Employees in Two Sexual Harassment Cases

On March 24, 2017, the Ninth Circuit determined in Anderson v. CRST International, Inc., et al, No. 15-55556 that a jury could find that an employer’s remedy in response to a female truck driver’s sexual harassment complaint was not enough even though the employer separated her from the offending co-worker. The Ninth Circuit explained: “[] […]

11th Circuit Finds Title VII Does Not Protect Against Sexual Orientation Bias

The 11th Circuit in Evans v. Georgia Regional Hospital, Case No. 4:15-cv-00103-JRH-GRS (March 10, 2017) finds that Title VII doesn’t protect sexual orientation bias. This is in contrast to the EEOC’s interpretation, which is stated on its website as: “While Title VII of the Civil Rights Act of 1964 does not explicitly include sexual orientation or […]

Labor & Employment Law Developments Under the Trump Administration

National Labor Relations Board (NLRB): On January 25, 2017, Philip A. Miscimarra (R) appointed as acting chair to the NLRB. People’s World website reports that prior to 2013, Miscimarra worked for several law firms with a reputation for union-busting and as an NLRB Board member, he “consistently dissented from rulings favoring working people that have […]

Tenants Settle Claims of Habitability Violations

Attorney Richard Myers represented tenants who alleged that owners and managers of a 300-unit apartment building in downtown Portland failed to remedy habitability defects, including cockroach and bedbug infestations. The tenants began noticing insects shortly after moving into the building. The building managers ultimately allowed them to terminate their rental agreements without a penalty, but […]

Arbitrator Orders Reinstatement of College Program Coordinator

An Oregon Community College with a very successful Medical Office Assistant training program moved the program out of one division into another because of a personal conflict between the Program Coordinator and the Dean of the Health Professions Division, who required the program to accept her husband as a candidate, but he then failed the […]

Oregon Could Become First Fair Scheduling State

Oregon is teed up to consider statewide legislation that would require employers to end the abusive practice of unpaid on-call hours and “random scheduling” and require compensation for shifts canceled at the last minute. The bill for Fair Scheduling, proposed by Sen. Michael Dembrow in late September 2016, is supported by Commissioner Steve Novick and […]

Arbitrator Rules that College Must Increase Pay to Accommodate Athletic Coach Workload Demands

Lane Community College (LCC) has a very successful Track and Field and Cross-Country programs, led by an experienced college coach. The programs have been quite successful and expanded in recent years, along with the coach’s responsibilities and workload. The collective bargaining agreement between LCC and the Lane Community College Education Association contains a provision allowing […]