The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an arbitration agreement. In reaching this decision, the Ninth Circuit not only enforced the broad language of the parties’ arbitration
Sexual Harassment
Connecticut High Court to Decide If Women-Only Workout Area Violates State Anti-Discrimination Law
On May 7, 2021, the Connecticut Supreme Court will hear oral argument in the case of Commission on Human Rights & Opportunities (CHRO) v. Edge Fitness, LLC, et al., SC 20538 (Conn.). The case presents an issue of first impression and arises out of the State of Connecticut’s claim that a separate women-only workout…
“Me Too” Evidence in a #MeToo World
Before “#MeToo” became a movement, it was a well-known, damaging type of evidence to employers litigating discrimination claims. “Me too” in the employment litigation context refers to evidence that employees other than the plaintiff also were also discriminated against. Employers had traditionally sought, with mixed results, to exclude such evidence as improper character evidence under…
$1 Jury Verdict Yields $300,000 in Attorneys Fees to Plaintiff’s Counsel
In a case alleging sexual harassment by a researcher against a research assistant, the trial court ordered more than $300,000 in attorneys’ fees after the jury awarded a mere $1 in damages to the plaintiff. Jenkins v. The University of Minnesota et al., No. 13-CV-1548 (D. Minn. Oct. 13, 2017). The court awarded attorneys’…
The Significance of Expert Testimony
Expert testimony can play a significant role in shaping the outcome of cases that go to trial. For example, in a case lacking witnesses or evidence that could directly support or undercut the plaintiff’s accusations of severe sexual misconduct, what stood out most was the expert testimony.
On August 8, 2017, a two-week jury trial…
Sexual Harassment Case Costs Iowa Taxpayers $2.2 Million
A former staffer for the Iowa Senate Republican Caucus in Iowa has been awarded $2.2 million in damages for retaliation that will be paid from Iowa’s already-floundering general fund. Kirsten Anderson was terminated from her position as communications director for the caucus in 2012. She alleged the termination was in retaliation for her complaints about…