In a case called EEOC v. Sterling Jewelers, Inc., the Second Circuit Court of Appeals recently held that, as matter of first impression, while federal courts may review whether the EEOC conducted an investigation into a formal charge of discrimination against an employer, federal courts may not review the sufficiency of the
Melanie L. Chaney
Melanie represents and regularly advises cities, counties, public safety departments and special districts regarding employee and labor relations matters. The breadth of her experience as both a negotiator and a litigator informs her practical approach to the myriad of labor and employment issues faced by public entities.
NLRB Ruling Denies Northwestern University Football Players Petition To Unionize
Last year, the National Labor Relations Board (NLRB), through its Region 13 Regional Director ruled that Northwestern University football players who receive grant-in-aid scholarships and have not exhausted their playing eligibility are “employees” under the National Labor Relations Act (NLRA), and therefore have the right to unionize and engage in collective bargaining with their “employer.” …
Is Working From Home Really a Reasonable Accommodation? (Part II)
Last year, we reported on the Equal Employment Opportunity Commission v. Ford Motor Company case, a U.S. Court of Appeals case from Ohio. In that case, the Sixth Circuit Court of Appeals reversed a grant of summary judgment to Ford in a disability discrimination lawsuit. In a 2-1 split decision, the Court held that allowing…
PERB Expands Right to Union Representation to Interactive Process Meetings
The Public Employment Relations Board (PERB) recently held in Sonoma County Superior Court (Sonoma) that employees are entitled to union representation at interactive process meetings. With this ruling, PERB expressly overturned prior precedent on this issue.
Before the Sonoma ruling, PERB recognized a right to union representation in individual meetings with the employer primarily only…
It’s the Most Wonderful Time to Minimize Liability
It is that time of the year again… the holiday season. Time to celebrate! Many employers throw festive holiday or year-end parties complete with food, alcohol and entertainment. According to a Society of Human Resource Management Survey on Holiday/Year End Activities, in recent years about two-thirds of organizations have held holiday parties for their employees. …
Screening Applicants With Domestic Violence Criminal History
The National Football League’s handling of several recent high-profile domestic violence incidents involving players Ray Rice, Greg Hardy and Jonathan Dwyer has raised the national consciousness regarding how employers handle domestic violence issues. Domestic violence has been, and continues to be, a prevalent problem that creates many challenging issues for employers. A recent Centers for…
It’s Summertime! Have You Reviewed Your Dress Code Lately?
NLRB Ruling to Allow Northwestern University Football Players to Unionize May Have Broad Implications
The National Labor Relations Board (NLRB) recently ruled that Northwestern University football players who receive grant-in-aid scholarships and have not exhausted their playing eligibility are “employees” under the National Labor Relations Act, and therefore have the right unionize and engage in collective bargaining with their “employer.” (Northwestern University v. College Athletes Players Association (CAPA)…
Three Common Pitfalls in the Reasonable Accommodation Process
Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Common pitfalls for employers in determining appropriate accommodations are:
1. Over-reliance on the written job description
Job descriptions are critical in the disability interactive process…