October 8, 2007
Professor Rick Rossein’s treatise, Merrick T. Rossein, 2 Employment Discrimination Law And Litigation (2007 ed.) was cited by two federal court decisions (Fifth Circuit and Southern District of Mississippi.) published in September, 2007. The Fifth Circuit decision, Palasota v. Haggar Clothing Co., — F.3d —-, 2007 WL 2503997 (5th Cir. Sept. 6, 2007), cited the treatise multiple times, both in the text and footnotes. The case involved issues of damages and cited Professor Rossein’s work on the commencement of liability and the continuing violation theory, which allows civil rights litigants in certain instances to introduce evidence outside the statutory time limit.
The case in the Southern District of Mississippi is Durham v. Advance Stores Co., Inc., Slip Copy, 2007 WL 2903206 S.D.Miss., Sept. 30, 2007. The text of the decision cited the Professor’s treatise in a motion to dismiss or, alternatively, for appropriate sanctions where there were allegations that plaintiff’s counsel directly violated Rule 4.2 of the Mississippi Rules of Professional Conduct by communicating with two former store managers of the defendant employer without the consent of defense counsel.
Meanwhile, Professor Rossein was quoted Oct. 5, 2007 in Employment Law360, a daily news service distributed to more than 20,000 legal professionals, on the settlement of an age discrimination suit affecting 32 former partners at the intercontinental law firm, Sidley Austin LLP, which has more than 1,700 lawyers in 16 offices on four continents. The lawyers argued that they had been forced to retire or were otherwise dismissed because of their age. Professor Rossein said that the law firm’s admission that it had improperly categorized the status of the partners as owners who were not protected by Age Discrimination Employment Act provisions might lead to future litigation at other firms.
Professor Rossein on Oct. 15, 2007 also was quoted in an article in The New York Post, “Taking a Chance on Love-Rethinking Office Romance.” Rossein told the newspaper, in an extensive story, that his advice to companies is to issue a strong prohibition against sexual harassment and provide “strong, interactive” training during which employees can discuss their feelings about being approached for dates, and how to clearly say no.
The Professor has been busy on television, too. He appeared live on Oct. 3, 2007 on “Fox and Friends” discussing the Isaiah Thomas/Madison Square Garden jury verdict, explaining what is unlawful harassment and retaliation.
He also was quoted by ABC News on Sept. 21, 2007 concerning the lawsuit by Dan Rather against CBS News.