Employers face a bewildering array of employment statutes, governmental regulations, and court interpretation.
Today’s fluid business environment, including the rising use of contract workers and joint employment arrangements, further complicates an employer’s role. Some recent court decisions – for example, those dealing with sexual harassment – hold employers to broader, less well-defined standards of responsibility for the actions of managers and lower-level employees. In addition, courts in many jurisdictions have been addressing an employer’s ability to require arbitration of work-related disputes, instead of going to court. While recent developments on this issue in Michigan are good for employers, other state and federal courts still struggle with this question.
In several Michigan Supreme Court cases, we won summary dismissals for clients defending age, sex, and race discrimination claims brought by terminated or non-promoted employees. These cases have clarified key legal principles in ways that are favorable for Michigan employers.