Employment Law Blog

Employers Cannot Require Employees to Forego Medical Treatment

The ADA, or the Americans with Disabilities Act, prohibits employers from discriminating against “qualified” individuals with disabilities with regard to employment decisions. This ...
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Not Every Employer is Subject to the Fair Labor Standards Act

In order for an employer to be subject to the requirements of the Fair Labor Standards Act (FLSA), there are certain hoops that must be jumped through. One of those hoops is often referred to in legal ...
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How Far Can the EEOC Go in its Investigations of Employers?

When an EEOC charge is filed against an employer, the EEOC has the duty and the authority to investigate whether reasonable cause exists to believe the alleged discrimination occurred. During that ...
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What are the Most Common Discrimination Claims Filed by Federal Employees?

Our federal laws make it unlawful for an employer to discriminate against any employee based on certain recognized protected characteristics. Those protected characteristics include race and age. ...
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What Every Employee Should Know About Severance Agreements

A severance agreement, when properly executed, is a binding contract between employees and employers, created at the time an employee separates from that employer. In most cases, the employee is ...
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When I File a Discrimination Complaint with My Employer, Will it Be Kept Confidential?

Filing an employment discrimination complaint can be a stressful situation. Most employees who find themselves in this position are afraid that following through with an informal complaint may result ...
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The EEOC Wants to Mediate: Now What?

If you have been discriminated against at work, the first formal step in the legal process is to file a Charge of Discrimination with the Equal Employment Opportunity Commission. This is necessary ...
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Does Title VII Cover Hostile Work Environment Claims Against a Union?

A recent case against the United Auto Workers (UAW) union brought to light an underlying question of whether an employee can maintain a claim of discrimination against a union organization. Though ...
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4 Myths About Employment Discrimination Cases

If you believe that someone at work is discriminating against you, one of your options is to file a lawsuit against your employer. Mediation can also be a very useful tool in resolving employment ...
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Prior Salary Can be a Justification for Unequal Pay

It is not uncommon for employers to establish hiring policies that set the salary of new hires at 5% more than their prior salary. On the surface, this type of policy is not based on sex. However, the ...
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Can an Honest Belief be a Defense against FMLA Retaliation?

When it comes to retaliation and the motives of an employer, a defense that employment actions were taken based on an “honest belief” of wrongdoing can be successful. It depends on the ...
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Can a Plaintiff be Reinstated after Voluntary Resignation or Reduction in Force?

No doubt most people have heard about the gender discrimination case against the multinational finance company, Goldman Sachs, brought by five female employees who were denied promotion opportunities ...
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Am I Protected Against Mental Health Discrimination?

The ADA, or the Americans with Disabilities Act, prohibits employers from discriminating against “qualified” individuals with disabilities with regard to employment decisions. This ...
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Can Criminal History Discrimination Occur in the Workplace?

It’s no secret that employers are increasingly including criminal background checks in the hiring process and then refusing to consider applicants with any type of criminal record. This is true ...
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What is Family Care or Caregiver Discrimination in the Workplace?

As most people know, the FMLA protects employees who need to take leave from work either for their own medical condition or to care for others. Under the statute, employers are required to keep the ...
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It is Illegal to Require Employees to Waive their Federal Employment Rights

After an investigation by the EEOC, it was discovered that the Illinois Department of Human Services (IDHS) was implementing a policy that required employees to waive their rights under federal ...
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Answers to Common Questions Regarding FMLA, the ADA and Workers' Comp Rights

Most employees are familiar with the Federal Family and Medical Leave Act ("FMLA") and the Americans with Disabilities Act, known as the ADA. Nearly every employee knows about Workers’ ...
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McDonald's not Responsible for Wage Violations at its Franchises

The wages we earn and the hours we should work are determined by the Fair Labor Standards Act. This federal statute requires that employees must receive at least the minimum wage and may not be ...
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Quitting After Embarrassing Email No Basis for Constructive Discharge Claim

A recent employment case involving home improvement giant Home Depot demonstrates that quitting your job following negative actions by an employer may not always lead to a viable constructive ...
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When "Unusual Circumstances" May Excuse Failure to Call In During FMLA Leave

When it comes to requests for leave under the Family and Medical Leave Act (FMLA), employees may be required to provide their employers with certain notices. For example, if your employer has call-in ...
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Some States Beginning to Restrict Non-Compete Agreements

In the employment context, the purpose of non-compete agreements is to protect the interests of the employer. It is common for a company to share its ideas and business practices with its employees, ...
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Insufficient Evidence of Pretext in Reduction-In-Force ADA Case

So-called reduction-in-force (RIF) cases can be very challenging when it comes to proving discriminatory demotion or termination. This is mainly true because the employer typically has what appears to ...
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Not Every Request for Accommodation Under the ADA is Reasonable

The employer, in this case, was a large business that operated its customer support call center in Memphis. One of its customer service representatives (CSR) was a woman with depression and anxiety ...
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Can Rumors and Employee Drama Constitute a Hostile Work Environment?

In an interesting case out of New York, an employee claims she was terminated after complaining about sex-related rumors about her circulating in the workplace. Although the harassing sexual comments ...
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Wal-Mart Truck Drivers Awarded Millions for Wage and Hour Violations

In a recent case against Wal-Mart, brought by hundreds of California truck drivers working for the retail giant, the jury awarded $54 million for wage and hour violations. According to the lawsuit, ...
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