Discrimination

The Richie Incognito v. Jonathan Martin case raises all sorts of questions about race, adult bullying, and workplace discrimination. We already got Juggalo Law’s take on it this morning.

Now the rest of the ATL editors want to take a stab at it. Specifically, let’s discuss whether discrimination laws have just plain gone too far and whether, in any event, the NFL should be subject to the same laws as any other business given its unique character.

Somehow it all ties back to A Few Good Men….

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‘I’m fixing to sue somebody.’

Who can we pick on if not weak heterosexual males? Who can we make fun of? Who can we bring to tears without fear of a lawsuit as we try to brighten our workdays?

In a modern professional workplace, you rightly can no longer make fun of gay people. It’s not cool to make someone feel bad about their sexuality as they try to go about their business. You can’t make fun of women, lest your taunting piles onto all the hurdles they must overcome. You can’t make fun of minorities, or the disabled, or the mentally ill who might take your ouchy words as justification for killing themselves.

In this context, the effeminate heterosexual male is all we have left. Work stinks. You have to deal with all kinds of BS. Making fun of the dude with sand in his vagina is how real men handle their wage slavery.

But now, the Fifth Circuit is trying to take that away from us. The judges ruled that an iron worker (!!!) was right to sue like a little bitch and recover because his boss made fun of his “non-manly” nature. It’s a sad day for bros everywhere…

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Juan Monteverde and Alexandra Marchuk

In our last story about Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, we noted the acrimonious nature of the dispute: “The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.”

When we last checked in on the case, Marchuk’s lawyers announced their intent to seek sanctions against the defendants. The basis for that move: the defendants’ counterclaims against Marchuk, alleging that she defamed the defendants by creating or helping to create an anonymous Gmail account that was used to disseminate her lawsuit over email. Marchuk’s lawyers denied that their client emailed her complaint around and said that they would seek sanctions from the defendants for the “frivolous and abusive” counterclaims — which sought a whopping $15 million from Marchuk.

Until now, the stakes have only gotten higher and higher. But today brings word of a possible de-escalation in this hard-fought battle….

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Juan Monteverde and Alexandra Marchuk

Many discrimination cases brought against law firms end in quiet settlements. But I suspect that Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, could go the distance and make it to trial.

Why? The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.

Consider the latest move in the case, a declaration of intent to seek sanctions….

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Tico Almeida

[E]ven the most disgusting criminals should have access to counsel when they violate the law, and Exxon’s shareholders will now pay big bucks for Seyfarth’s lawyers, who are probably some of the most expensive corporate defense lawyers in the country. But I don’t think there’s any need for Seyfarth to run up their billable hours since Freedom to Work would like to settle the case today.

Tico Almeida, founder and president of Freedom to Work, commenting on Seyfarth Shaw’s decision to defend a case alleging anti-gay bias at Exxon Mobil — one of the few Fortune 500 companies that lacks a written nondiscrimination policy prohibiting discrimination on the basis of sexual orientation.

(Will Seyfarth come to regret this case? Let’s discuss….)

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Juan Monteverde and Alexandra Marchuk

I just finished reading Gone Girl (affiliate link), the riveting and disturbing novel by Gillian Flynn. It brilliantly demonstrates, in a way that lawyers can appreciate, how the exact same set of events can be explained in radically different ways.

Given its focus on fighting, in terms of the war between the sexes and the battle for the truth, Gone Girl was appropriate to read in between the latest filings in Marchuk v. Faruqi & Faruqi. The salacious sexual harassment lawsuit has the entire legal world talking.

Yesterday we wrote about Alexandra Marchuk’s second amended complaint. Now let’s dive into the answer, filed with impressive swiftness after the complaint, which paints a very different picture of events and of the plaintiff….

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Juan Monteverde and Alexandra Marchuk

Alexandra Marchuk’s high-profile discrimination lawsuit, Marchuk v. Faruqi & Faruqi, continues to escalate. She filed her initial complaint against F&F and partner Juan Monteverde in March of this year, the firm fired back with counterclaims in April, and Marchuk amended her complaint later that month.

Last week, Marchuk filed a second amended complaint in the case. It contains some juicy new allegations, including some that refer to what discovery has supposedly unearthed so far….

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Women get into bars and clubs for free. Men don’t. This isn’t rocket science. It’s just a way of life.

But one lawyer — one with a particularly prestigious past — has been filing lawsuits alleging gender discrimination and human rights violations, all for want of entry-fee parity at bars and clubs, for at least the last decade. He loses every single time, but that’s not going to stop him from waging his war against feminist club policies any time soon.

And now that he’s a little bit older and a whole lot grayer, he’s added age discrimination to the docket. You can’t teach an old dog new tricks — and you certainly can’t stop an old dog from comparing his trials and tribulations as the resident geriatric dude in the club to rampant racism in the Deep South before desegregation…

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Ed. note: We are having an Above the Law retreat this afternoon, so we may be less prolific than usual today. We will return to our regularly scheduled programming tomorrow.

* “I think I am now the hardest-working justice. I wasn’t until David Souter left us.” Justice Ginsburg celebrates her twentieth year on the high bench in true diva style. [USA Today]

* Sorry, EA, the Ninth Circuit thought your First Amendment free expression defense to allegedly stealing college sports players’ likenesses was a load of hooey. [Wall Street Journal]

* “It’s a decision that clearly favors the merchants.” A federal judge gave the Fed a spanking in a ruling on its cap for debit card fees earned by banks after consumer swipes. [DealBook / New York Times]

* “What makes this discriminatory? I don’t think there’s anything in Title 7 that says an employer has to be consistent.” Ropes & Gray’s “token black associate” had his day in court. [National Law Journal]

* The firm that outed J.K. Rowling as author of “The Cuckoo’s Calling” will make a charitable donation as an apology — getting the book to the bestseller’s list wasn’t charitable enough. [New York Times]

* As the bar exam draws to a close today, here’s something to consider: 12,250 people signed up to take the test in New York alone. Are there jobs out there for them? Best of luck! [New York Law Journal]

* The feds want to make a better return on their investment on law student loans. Perhaps it’s time for those good old gainful employment regulations. [Student Loan Ranger / U.S. News & World Report]

* Cleveland kidnapper Ariel Castro is expected to speak at his sentencing hearing today, where a judge will decide if a term of life in prison plus 1,000 years is appropriate punishment for him. [CBS News]

Target’s idea of a Mexican employee.

I just got back from visiting my family in Indiana. While I was out there, I was reminded that while “Naptown” is actually fairly diverse in terms of color, it’s shockingly devoid of religious diversity. There aren’t a lot of Jews in Indianapolis. When I lived in Indy (for 13 months and nine days… not that I was counting), it struck me that people would believe pretty much any Eric Cartman-level stereotype about Jewish people. They all wore pouches with gold coins around their necks? Why not! My classmates would believe almost anything I said about Jewish people — since I was from New York, which is apparently a Zionist capital city. (They’d also believe almost anything I said about living in New York, like “there are underground cites in the subway tunnels” and “radiation levels are higher” there.)

So, here’s a question: would it have been “offensive” if my high school had “Jewish sensitivity day,” and class was all about dispelling really stupid and offensive myths about Jewish people? “Here, class, is a Jewish-American. As we can clearly see, there are no hooves or horns.”

Now, I think the answer to my question is, “Yes! Clearly! It would have been horribly offensive.” But on the other hand, people can be really, really stupid about cultures they haven’t been exposed to.

This question is going to face a California court thanks to a discrimination lawsuit filed by three Hispanic employees at Target. The employees claim, and Target admits, to keeping a list of “minority tips” that’s crazy offensive. But I don’t know, depending on how dumb the white people were that worked at Target, maybe they needed this kind of remedial help?

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