OnLabor

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Author:Hillary Black

Hillary Black is a student at Harvard Law School and a member of the Labor and Employment Lab.

Moussouris v. Microsoft and Gender Discrimination Liability—or Lack Thereof—Post-Dukes

Jun 26, 2019 Hillary Black

Among the many accounts of gender discrimination at work that have emerged recently is a Title VII claim against Microsoft. The allegations describe Microsoft’s culture as a “boys’ club” environment where employees call women derogatory names, and where women receive less professional support than do men. The plaintiffs also allege sexual misconduct that Microsoft has […]

Fox v. Netflix and Injunctions in Hollywood

May 15, 2019 Hillary Black

As Netflix evolved from a streaming platform to a producer of original films and series, it needed to hire executives with experience developing and marketing original programming. To find such talent, Netflix looked to the ranks of studios like Twentieth Century Fox. When two Fox executives left to work for Netflix in 2016, Fox sued […]

What’s Going on with the Ninth Circuit’s Title VII Joint Employer Test?

Mar 28, 2019 Hillary Black

In February, the Ninth Circuit held that two Washington State fruit growers could face Title VII liability for their labor contractor’s discrimination against H-2A temporary workers. The court reasoned that because the growers and the contractor were joint employers, the EEOC could pursue claims against the growers based on the contractor’s alleged Title VII violations. […]

Can Employers Outsource Retaliation to Their Lawyers? The Ninth Circuit Says No

Feb 20, 2019 Hillary Black

This January, undocumented dairy worker José Arias secured a million-dollar settlement in a Fair Labor Standards Act retaliation suit against the dairy’s lawyer. The settlement follows a 2017 ruling from the Ninth Circuit that extended the scope of retaliation liability to lawyers who are not “employers.” In an employment landscape where immigration-based retaliation is rampant, […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Moussouris v. Microsoft and Gender Discrimination Liability—or Lack Thereof—Post-Dukes

Fox v. Netflix and Injunctions in Hollywood

What’s Going on with the Ninth Circuit’s Title VII Joint Employer Test?

Can Employers Outsource Retaliation to Their Lawyers? The Ninth Circuit Says No