Employee in Yasni Exposé of James A. Burns

As we predicted in our September 14 piece on the Employee Free Choice Act (EFCA), organized labor’s increased pressure on Congress to pass such legislation is starting to bear fruit.

Focuses on the implications of the recent US Supreme Court decision in Ricci v. DeStefano, a case surrounding the use of tests and disparate impact. The Court’s ruling concerns the use of tests that have demonstrated disparate impact. On the one hand, using the results of those tests for hiring decisions may leave the employer open to a discrimination lawsuit from those in a minority group, but throwing the results out may leave the employer open to a discrimination lawsuit from those who would have been selected using those test results. The author provides some guidance for employers, but the end result is that employers that use a test that is subsequently found to produce adverse impact may find themselves between a rock and a hard place. Furthermore, this ruling applies to any organizational policies or practices, not just selection tests.

Feature: Employers who learn that a test or other selection device has a discriminatory impact on some employees now find themselves between a rock and a hard place. Using the test may lead to one kind of discrimination claim, while discarding the test may lead to another. That makes it more important than ever that employers think through the possible issues before using any test or selection device in making employment decisions. (9/2/2009)

In this opinion piece, an employment attorney reviews the U.S. Department of Labor's proposed rules that would require federal contractors and subcontractors to post extensive information about the rights of employees to unionize. Should it be approved, the rule would also include any organizations that do business with federal contractors or subcontractors.

As we predicted in our September 14 piece on the Employee Free Choice Act (EFCA), organized labor’s increased pressure on Congress to pass such

Just 10 days after taking office, President Obama signed Executive Order 13496, requiring all federal contractors and subcontractors to notify employe

The Supreme Court has ruled that employees represented by a union cannot sue for age discrimination when their union and employer have agreed that any

This post was written by William Bevan III and James A. Burns, Jr. Seeking to impose dramatic changes in how employers are unionized and who writes an

In another victory for employees, the U.S. Supreme Court has ruled unanimously that employees who answer questions in an employer’s internal inv

Just a few days after starting its new session, Congress has moved to substantially expand employees’ rights and remedies in pay discrimination