In Gargano v. Wyndham Skyline Tower Resorts, a manager of a cleaning services company assigned to a Wyndham casino sued Wyndham for negligent hiring after she was sexually assaulted by a Wyndham employee. 2012 WL 5388949 (D.N.J., November 2, 2012). Wyndham allegedly learned during the hiring process that the accused had two prior workplace incidents (shoving a linen bin and, allegedly, an elevator attendant out of anger; and defying a supervisor) but proceeded to hire him anyway. Several months later, the sexual assault allegedly occurred. The district court rejected the plaintiff’s negligent hiring claim because the incidents of aggression and defiance—assuming Wyndham was aware of them—were not sexual in nature and therefore did not make the unfortunate sexual assault foreseeable.
Before an individual may file a lawsuit under Title VII or the ADEA, he or she is required to file (or cross-file) a charge of discrimination with the EEOC. The charge is legally sufficient only if it describes with particularity the parties and the actions or practices of which the individual is complaining. The scope of a plaintiff’s right to file a federal lawsuit is determined by the contents of that charge; that is, the lawsuit must be based upon the claims described in the charge, or reasonably related to those described in the charge.
U.S. Citizenship and Immigration Services (USCIS) has revised its website and announced that it will now allow F-1 students participating in the optional practical training (OPT) extension for individuals in science, technology, engineering and math (STEM) to work at third-party sites as long as the student’s employer can demonstrate that it has a bona fide employment relationship with the student, in addition to meeting all other training obligations.
On November 22, 2017, the Ontario government passed the much anticipated Bill 148, the Fair Workplaces, Better Jobs Act, 2017, which will result in significant changes to Ontario’s labour and employment landscape. The Act received Royal Assent on November 27, 2017.