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Brett Favre scandal raises issue of workplace protections for independent contractors

USA - October 22 2010 The Brett Favre sexting scandal raises, among other things, a relatively frequent issue that arises in employment discrimination and harassment cases: may an independent contractor invoke employment antidiscrimination statutes such as Title VII?...

New York law hits home with nation's first domestic workers' bill of rights

USA - September 9 2010 On August 31, 2010, New York Governor David A. Paterson signed into law a reconciled Senate and Assembly bill (A.1470B) that provides domestic workers in New York with a "Bill of Rights" the only one of its kind in the nation....

Susan Gross Sholinsky.

Lessons learned from the Shirley Sherrod incident

USA - July 30 2010 The recent termination of Shirley Sherrod from her position as the U.S. Department of Agriculture's (USDA) director of Rural Development for the state of Georgia was indeed a “teachable moment” for employment law practitioners and employers and harkens back to mind a famous line in Oscar Wilde's The Importance of Being Earnest: “The truth is rarely pure and never simple.”...

"Blood typing" in the workplace? Some GINA issues to consider

USA - May 14 2010 Is there an emerging interest in knowing a person’s blood type, and not just for necessary medical purposes; but rather, for purposes that raise a host of issues, foremost among them privacy, e.g., predicting a person’s personality and behavioral tendencies, predisposition to disease, and developing dietary and lifestyle formulations suited to their blood type?...

Does your anti-harassment policy have effective channels for receiving complaints?

USA - May 13 2010 The FaragherEllerth affirmative defense is familiar to most employment law practitioners....