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also provides an update on post-AFL-CIO split union organizing strategies. See my (slightly unrealistic and smartass) comment there.Drama, Conflict, Despair & Victory at Work writes on a Ninth Circuit case on non-sexual sex-based harassment (offensive conduct may be usemployment unlawful "if there is sufficient circumstantial evidence of qualitative and quantitative differences in the harassment suffered by female and male employees," even if the conduct is not facially sex-specific). Not new law, but maybe news to some.Ross' Employment Blog usemployment also discusses this usemployment case, and lays the applicable law out crystal clear.The flip side is also true, but cases on this point are hard to find: conduct may be sexual in nature (e.g., dirty jokes, discussions of sexual exploits), but if not singling out one gender, race, etc., it is not unlawful.Jottings by an Employer's Lawyer covers President Bush's emergency suspension of the Davis-Bacon Act for certain counties in Mississippi, Louisiana, Alabama and Florida, the somewhat misguided and misinformed backlash thereto, and a bit of explanation about this Act.
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