Employment Law Blog

Overqualified or Too Old - Age Discrimination in the Workplace

How many times have you, or someone you know, been turned down for a job because you are "overqualified?" Not hiring someone because they have too much experience or skill seems completely ...
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Another Restaurant Chain Accused of Wage Theft

Uno Pizzeria & Grill, started in Chicago and famous for its "Chicago Style" pizza, is yet another restaurant chain to be accused of wage theft by its employees. The Queens, New York ...
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UPS Settles 9-Year Pregnancy Discrimination Case

Even with the EEOC's new enforcement guidelines, explaining the various protections pregnant employees have from discrimination in the workplace, disparate treatment still occurs. The United ...
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Employers Can No Longer Avoid Retaliation by Isolating the Decision Maker

One hurdle employees frequently need to overcome in retaliation cases is establishing retaliatory motives. That hurdle is made more difficult when the person who "technically" makes the ...
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Job-Related Anxiety and the ADA

Employees are protected from discrimination at the hands of their employers, based on certain disabilities. The ADA, or the Americans with Disabilities Act, prohibits employers from making employment ...
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Can I Be Fired While on Maternity Leave?

A mother who is terminated while on maternity leave may assume that she has a legal claim for discrimination. However, as with most legal claims, it depends. It depends on the reason for the ...
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Can the Refusal to Rescind a Resignation be the Basis for Retaliation?

The technical definition of "retaliation" occurs when an "adverse employment action" is taken against an employee because that employee engaged in "legally protected ...
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Federal Court Focuses on Intent Behind Racial Slurs

In a very recent decision by the Tenth Circuit Court of Appeals, a federal district court was ridiculed for its handling of a racial harassment case involving the N-word and references to lynching. ...
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Retaliation for Standing up to Sexual Assault

Unfortunately, reports or sexual assault on college campuses have become very commonplace recently. One report says that nearly 1 in 5 college freshman is sexually assaulted on campus. Most ...
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Can't Teach an "Old Dog" New Tricks

Although this may be a very common saying, it can also be a sign of age bias in the working world. It is not unusual for employment discrimination allegations to include biased comments toward a ...
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Microsoft Accused of Systemic Gender Discrimination

Despite Microsoft's trend of including arbitration agreements in all of its consumer contracts in an effort to forestall class action lawsuits, the mega tech company is currently facing class ...
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How Do FLSA Requirements Apply to Tipped Employees?

While the wage and overtime protections of the Fair Labor Standards Act (FLSA) apply to non-exempt employees, there are some unique differences in how these protections apply to "tipped ...
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When Do Religious Exemptions Protect Employers?

While Title VII prohibits employment discrimination based on religious affiliation or beliefs, there are some exceptions or exemptions to Title VII's religion provisions for certain employers. ...
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Misclassification of Employees as Independent Contractors

One pressing issue for the Department of Labor is addressing the increase in employee misclassification. When an employer misclassifies employees in order to make them exempt from wage and hour laws, ...
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Retaliation Against Managers Who Handle Internal Discrimination Claims

Under federal law, it is unlawful to discriminate against an employee based on various protected characteristics, including race and gender. Those same laws make prohibit retaliation against an ...
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When and How to Mediate Your Employment Discrimination Case

Mediation can be a very useful tool in resolving employment discrimination cases without going to trial. Mediation can take place at virtually any time before the jury returns a verdict. In order to ...
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Sexual Orientation Discrimination Claims in Alabama

With the new laws regarding same sex marriage, it is no surprise that the issue of sexual orientation discrimination is coming to the forefront once again. The primary federal discrimination law in ...
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Religious Discrimination Case against Abercrombie & Fitch

Under Title VII, an employer can be held liable for failing to accommodate a religious practice, even when the employee has not made an express request for such an accommodation. That was the ruling ...
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Funeral Home Owner Subjects Female Employees to Sexual Harassment

On October 28, 2015, a funeral home in Fort Lauderdale, Florida was named in a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The suit alleges that the owner of ...
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Termination of Alcoholic Truck Driver Upheld

Disability discrimination claims can be very tricky. The determination of what constitutes a protected "disability" must be made on a case-by-case basis. Many medical conditions are easily ...
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Employers Seeking "Youthful Image"

The EEOC has recently brought a case of age discrimination against a national restaurant chain whose headquarters are in Orlando, Florida. The case alleges a pattern-or-practice of age discrimination, ...
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Biased Testing Requirements as Evidence of Discrimination

Proficiency exams, math tests and other forms of assessment are not uncommon in the employment context. Tests are often used in making hiring decisions. While these tests are not, per se, unlawful, ...
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I Have FMLA Leave. Can Get off Work at Any Time?

A dangerous assumption some employees make is that, as long as they have FMLA leave, they can take time off work whenever they want and it will be “excused.” The truth is, misapplying your ...
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Hindu Employee Fired For Being a Witch

Can you believe that, in 2015, there are still some people engaging in witch hunts? Instead of Salem, Massachusetts, Fort Meade, Maryland is the site of, what seems to be, genuine religious ...
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Can Withholding a Discretionary Bonus Be an Adverse Action?

In many employment discrimination claims, it is necessary for the employee to prove that he or she has suffered an "adverse employment action." This term usually means an adverse or negative ...
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